What are the 'Marks' associated with the Face Foundrie 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
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, the 'Marks' encompass the name "FACE FOUNDRIÉ" along with all other trade names, trademarks, service marks, trade dress, logos, emblems, insignia, and signs developed for use with the Face Foundrie system. These marks are utilized to distinguish Face Foundrié's focused facial bar concept, which offers services like facials, waxing, and skincare products. The franchise agreement emphasizes the importance of these marks in maintaining the brand's identity and goodwill.
Face Foundrie franchisees are granted the right to use these Marks solely in connection with the operation of their Facial Bar at the designated premises. However, Face Foundrie retains the right to use or franchise the Marks outside the franchisee's protected territory. The agreement also specifies that upon termination or expiration of the franchise agreement, the franchisee must discontinue all use of the Marks and remove or cover any signs bearing the Marks.
Prospective franchisees should understand that the Marks are a critical component of the Face Foundrie system and brand identity. They are paying for the right to associate their business with these Marks and benefit from the established goodwill. However, they must also adhere to Face Foundrie's standards and policies to protect the integrity of the Marks. Additionally, franchisees should be aware of the restrictions on using the Marks outside of their designated location and the obligations to discontinue their use upon termination of the franchise agreement.