How must an Ella Cafe franchised business be identified and advertised?
Ella_Cafe Franchise · 2024 FDDAnswer from 2024 FDD Document
l media accounts, e-mail marketing software accounts and other electronic accounts that use the Marks or any portion of them, used by the Franchisee with any Internet directory, website, platform, or similar item in the operation of the Franchised Business. The Franchisee may not create websites, social media accounts, e-mail marketing software accounts or other comparable accounts outside of those which Franchisor license to the Franchisee.
- 9.12. Franchisee shall operate the Franchised Business so that it is clearly identified and advertised as a "ELLA COFFEE HOUSE" business. Franchisee shall use the trademark "ELLA", "ELLA COFFEE HOUSE" and the other Marks which now or hereafter may form a part of the System, on all signs, paper supplies, business cards, uniforms, advertising materials, technology platforms, signs and other articles in the identical combination and manner as the Franchisor may prescribe in writing and the Franchisee shall supply to the Franchisor samples or photographs of the same upon Franchisor's request. Franchisee shall comply with all trademark, trade name, service mark and copyright notice marking requirements and Franchisee shall supply to the Franchisor samples or photographs of the same upon our request.
ARTICLE 10. RECORDS AND REPORTS
10.1 Systems. Franchisee shall use such customer data management, sales data management, administrative, bookkeeping, accounting, and inventory control procedures and systems as Franchisor may specify in the Manual or otherwise in writing. Franchisee must acquire and use only the point of sale cash registers and computer systems and equipment that Franchisor prescribes for use by System Coffee Houses ("POS System") and adhere to Franchisor's
requirements for use. Requirements may include, among other things, connection to remote servers, off-site electronic repositories, and high speed Internet connections. Franchisor may, in its sole discretion, require Franchisee to add to add to the POS System memory, ports, and other accessories or peripheral equipment or additional, new, or substitute software; replace or upgrade the POS System (software and hardware) and other computers as Franchisor prescribes; and enter into maintenance agreements for the POS System and other computers. Because the POS System must be used solely for POS-related purposes that are set forth by the POS System provider and approved by Franchisor, Franchisee may elect to purchase a secondary computer for use at the Coffee House for routine business functions and related software, such as Internet browsing, word processing, spreadsheet preparation, and emailing.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2024 FDD)
According to Ella Cafe's 2024 Franchise Disclosure Document, franchisees must operate their business so that it is clearly identified and advertised as an "ELLA COFFEE HOUSE" business. Franchisees are required to use the trademarks "ELLA", "ELLA COFFEE HOUSE" and other marks that are part of the Ella Cafe system on all signs, paper supplies, business cards, uniforms, advertising materials, technology platforms, and other articles. The combination and manner of use must be identical to what Ella Cafe prescribes in writing. Franchisees must also provide samples or photographs of these items to Ella Cafe upon request.
In addition to the above, franchisees must identify themselves as the independent owner of the business in a manner prescribed by Ella Cafe and must display signage identifying the location as an independently owned franchise. Franchisees are responsible for prominently displaying signs, both inside and outside the premises, in the form, color, number, location, and size that Ella Cafe designates. Ella Cafe may require the use of illuminated signs, and franchisees must obtain all necessary permits and licenses for these signs, ensuring they comply with all laws and ordinances.
Ella Cafe retains the right to require franchisees to update their signage at any time, at the franchisee's sole expense. Franchisees cannot display any sign or advertising that Ella Cafe objects to. This ensures uniformity and adherence to brand standards across all Ella Cafe franchise locations. Franchisees are also required to cooperate with Ella Cafe and actively participate in any social media and e-commerce advertising programs, management programs, and other platforms that Ella Cafe requires, and pay the associated costs. Franchisees must also place and pay for business listings in print and online directories as required by Ella Cafe, with these costs not being credited toward other advertising expenditures.