What constitutes a breach of the Face Foundrie franchise agreement regarding the use of the Marks?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
5.01 Ownership of the Marks. Franchisee acknowledges that Franchisor and its Affiliates own all right, title and interest in and to the Marks. Franchisee's right to use the Marks is derived solely from this Agreement and is limited to conducting a facial bar business at or in connection with the Facial Bar pursuant to and in compliance with this Agreement. Franchisee's unauthorized use of any of the Marks constitutes a breach of this Agreement and an infringement of Franchisor's and its Affiliates' rights to the Marks. This Agreement does not confer on Franchisee any goodwill or other interests in the Marks. Franchisee's use of the Marks and any goodwill established thereby inures to the exclusive benefit of Franchisor and its Affiliates. All
provisions of this Agreement applicable to the Marks apply to any additional or substitute trademarks, service marks and trade dress Franchisor authorizes Franchisee to use. Franchisee agrees not to, at any time during or after the Term, contest, or assist any other Person in contesting, the validity or ownership of any of the Marks.
- 5.02 Use of the Marks. Franchisee agrees to use the Marks as the sole identification of the Facial Bar and identify itself as the independent owner thereof in the manner Franchisor prescribes.
Franchisee agrees to use only the Marks as Franchisor prescribes in connection with the Facial Bar and the sale of authorized products and services.
Franchisee may not use any Mark (or any abbreviation, modification or colorable imitation) as part of any corporate or legal business name or in any other manner (including any Internet related use such as an electronic media identifier, for web sites, web pages or domain names) not expressly authorized by Franchisor in writing.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, unauthorized use of the brand's trademarks constitutes a breach of the franchise agreement. The agreement specifies that a franchisee's right to use the marks is solely derived from the franchise agreement itself and is limited to conducting a facial bar business in compliance with the agreement. Any use of the marks outside these defined parameters is considered a breach. This includes using the marks in ways not expressly authorized by Face Foundrie in writing.
Specifically, a franchisee cannot use any Face Foundrie mark, or any similar imitation, as part of their corporate or legal business name. This restriction extends to any internet-related use, such as electronic media identifiers, websites, webpages, or domain names, unless explicitly authorized by Face Foundrie. The franchisee is obligated to use the marks only as prescribed by Face Foundrie for the facial bar and the sale of approved products and services.
These stipulations are in place to protect Face Foundrie's brand identity and ensure consistent representation across all franchise locations. Unauthorized use of the marks can dilute the brand's value and create confusion among customers. Therefore, it is crucial for a prospective franchisee to adhere strictly to the guidelines provided by Face Foundrie regarding the use of its trademarks to avoid breaching the franchise agreement.