Does Face Foundrie have the right to test service offerings at a Face Foundrie Facial Bar?
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)
Based on the 2025 Franchise Disclosure Document, Face Foundrie retains significant rights regarding the operation and standards within its franchise system. While the document does not explicitly state that Face Foundrie has the right to test service offerings at a Face Foundrie Facial Bar, it does state that Face Foundrie retains the right to modify the prototype design plans and specifications, and develop additional prototype design plans and specifications, as Face Foundrie deems appropriate from time to time.
The Franchise Agreement specifies that Face Foundrie can modify and further develop the services, products, methods, procedures, protocols, and quality standards within the system. This suggests Face Foundrie has broad authority over the services offered. Additionally, franchisees must adhere to Face Foundrie's specifications for service execution and sales, marketing, and advertising programs. This implies that Face Foundrie can introduce new service offerings or modify existing ones, and franchisees are obligated to implement these changes.
Franchisees are also required to participate in national, regional, or local advertising and promotional activities mandated by Face Foundrie, which could include promotions of new or modified service offerings. Furthermore, Face Foundrie can establish procedures and regulations related to these promotions, and franchisees must comply with them. Therefore, while not explicitly stated as "testing," Face Foundrie's rights to modify the system and mandate participation in promotions effectively allow them to introduce and assess new service offerings across the franchise network.
A prospective franchisee should seek clarification from Face Foundrie regarding the specific processes and expectations related to the introduction and implementation of new service offerings. Understanding the level of franchisee input and the potential costs associated with adopting new services is crucial for making an informed investment decision.