What is the scope of the Engineering For Kids franchisee's license to use the Proprietary Marks?
Engineering_For_Kids Franchise · 2025 FDDAnswer from 2025 FDD Document
10.1. Your Right to Use Our Proprietary Marks
Your right to use the Proprietary Marks applies only to the Franchised Business operated in your Territory as expressly provided in this Agreement. During the term of this Agreement and after its expiration or termination, you agree not to directly or indirectly contest, or aid in contesting, the validity or ownership of the Proprietary Marks or take any action detrimental to our rights in the Proprietary Marks.
10.2. Your Acknowledgments
Source: Item 23 — RECEIPTS (FDD pages 53–138)
What This Means (2025 FDD)
According to Engineering For Kids' 2025 Franchise Disclosure Document, the franchisee's right to use the Proprietary Marks applies only to the Franchised Business operated in their designated Territory, as expressly provided in the Franchise Agreement. During the term of the agreement, and even after its expiration or termination, the franchisee must not contest the validity or ownership of the Proprietary Marks, nor take any action detrimental to Engineering For Kids' rights in those marks.
The Engineering For Kids franchisee is granted the right and obligation to use the Proprietary Marks and the System to operate one Franchised Business within the Territory outlined in Appendix A. This includes offering Programs and selling Authorized Products at Authorized Locations, as well as providing Special Events Services at customers' homes or other facilities. The franchisee can also offer additional services and programs like Virtual Programs, subject to Engineering For Kids' policies and procedures.
However, the license to use the Proprietary Marks and System does not extend to wholesale transactions, e-commerce (except for authorized Virtual Programs), or sales through other distribution channels. The franchisee also cannot license or sublicense the Proprietary Marks or the System to anyone else. Engineering For Kids retains the right to establish and license Engineering For Kids Businesses outside the franchisee's Territory, as well as operate other businesses under different systems or marks, even if they compete with the franchisee's business.
In summary, the Engineering For Kids franchisee's use of the Proprietary Marks is limited to the operation of their Franchised Business within their Territory, and they must adhere to the guidelines and restrictions outlined in the Franchise Agreement. They cannot engage in activities outside the scope of the agreement, such as wholesaling or sublicensing, and they must protect Engineering For Kids' rights to the Proprietary Marks.