What does the Face Foundrie Franchise Agreement say about the use of trade dress in the System?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, Franchisor has established, at a substantial expenditure of time, effort and money, a system (the "System") of developing, opening and operating 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; and
WHEREAS, Franchisor has acquired knowledge and experience in operating Face Foundrié Facial Bars, using the System and with respect to the style of the facilities and signs used by these Face Foundrié Facial Bars and has successfully established a reputation, demand and goodwill for their services and products; and
WHEREAS, Franchisee recognizes the value and benefits that can be derived from utilizing the System and being associated with Franchisor, the Marks and the other distinctive features of the System, and desires to obtain a franchise from Franchisor to use the System and to operate a Face Foundrié Facial Bar at an accepted location, and Franchisor is willing to grant such a franchise to Franchisee, all subject to the terms and conditions of this Agreement.
NOW, THEREFORE, for and in consideration of the covenants and agreements hereinafter set forth, the parties hereto covenant and agree as follows:
1. INTRODUCTION.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to the 2025 Face Foundrie Franchise Disclosure Document, the franchise agreement emphasizes the importance of maintaining the System's distinctive features, including trade dress. Face Foundrie has put significant resources into establishing a system for focused facial bars, and the distinguishing features include not only the brand name and trademarks but also the trade dress. As a franchisee, you acknowledge the value of utilizing the System and associating with Face Foundrie, its marks, and other distinctive features.
The franchise agreement grants you the right to operate a Face Foundrie Facial Bar using the System and marks. Face Foundrie owns a comprehensive system that includes trade dress, designs, layouts, and standards for products, services, equipment, and customer service. Face Foundrie retains the right to modify the System, including the trade dress, over time.
As a Face Foundrie franchisee, you must prominently display signs using the Face Foundrie name and other signs as directed or approved by Face Foundrie. You are prohibited from displaying any sign or advertising that Face Foundrie reasonably objects to. You must also use only those products, supplies, furnishings, services, and equipment that conform to Face Foundrie’s standards and specifications. This ensures uniformity and protects the goodwill of the brand. Franchisees must operate their Face Foundrie Facial Bar in accordance with the standards, procedures, and protocols specified by Face Foundrie, including those related to trade dress, and cannot deviate without prior written consent.