What is the definition of 'Marks' in the context of discontinuing use after Face Foundrie franchise termination?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
ing a focused facial bar concept under the trademark "FACE FOUNDRIÉ," which offers efficient and effective services, including 20-to-50-minute facials, waxing, and skincare products, all delivered with high-end customer service (each, a "Face Foundrié Facial Bar," and collectively, the "Face Foundrié Facial Bars"); and
WHEREAS, the distinguishing features of the System, include, but are not limited to, the name "FACE FOUNDRIÉ" and all other trade names, trademarks, service marks, trade dress, logos, emblems, insignia and signs developed for use with the System from time to time (collectively, the "Marks"); specially designed fixtures, equipment, facilities, and other items used in providing services and goods; services, products, methods, procedures, protocols, and quality standards therefor; all of which may be changed, improved and further developed by Franchisor from time to time;
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, the term 'Marks' encompasses a range of proprietary identifiers associated with the franchise. Specifically, upon termination of the franchise agreement, the franchisee must discontinue all use of the 'Marks'.
The 'Marks' are defined as the name "FACE FOUNDRIÉ" and all other trade names, trademarks, service marks, trade dress, logos, emblems, insignia, and signs developed for use with the Face Foundrie system. This broad definition means a franchisee must cease using any branding elements associated with Face Foundrie, both at their physical location and on any vehicles.
This obligation extends to removing or covering any signs bearing the 'Marks' within a short timeframe. Any signs that cannot be removed within one day of termination must be completely covered, and all signs must be removed within ten days. Failure to comply with these requirements allows Face Foundrie to take action to modify the premises and charge the franchisee for the associated costs, ensuring a clean break in branding after the franchise relationship ends.