What rights does Face Foundrie Franchisor have regarding the operation, development, and changes to the System?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
| THIS FRANCHISE AGREEMENT (this "Agreement") is made and entered into this day of | |
|---|---|
| , 20 (the "Effective Date"), by and between FACE FOUNDRIÉ | |
| FRANCHISING | |
| L.L.C., a Minnesota limited liability company with its principal office at 6446 Flying Cloud Drive, Eden Prairie, | |
| Minnesota 55344 ("Franchisor," | |
| "we," or "us"), and, a, | |
| with its principal office at ("Franchisee" | |
| or "you"). | |
| W I T N E S S E T H: |
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.
- 1.01 Face Foundrié Facial Bars. Franchisor and its Affiliates own, operate and franchise Face Foundrié Facial Bars. Franchisor has developed and owns a comprehensive system for developing and operating Face Foundrié Facial Bars, which includes trademarks, designs and layouts, distinctive standards, specifications and requirements for products, services, equipment, materials, and supplies; uniform standards, specifications, procedures and methods for operations and customer service standards; procedures for inventory and management control; training and assistance; technology standards; trade dress; marketing, advertising and promotional programs;
Source: Item 23 — RECEIPTS (FDD pages 74–257)
What This Means (2025 FDD)
According to the 2025 Face Foundrie Franchise Disclosure Document, Face Foundrie retains significant rights regarding the System's operation, development, and modifications. The System encompasses the brand name "FACE FOUNDRIÉ", trademarks, service marks, trade dress, logos, specially designed fixtures, equipment, facilities, services, products, methods, procedures, protocols, and quality standards. Face Foundrie explicitly reserves the right to change, improve, and further develop all aspects of the System over time. This allows Face Foundrie to adapt to market changes, improve service delivery, and maintain brand consistency across all franchise locations.
Face Foundrie retains the right to establish and operate, or grant to other franchisees or licensees, the right to establish and operate a Face Foundrié Facial Bar or any other business using the Marks, the System or any variation of the Marks and the System, (i) in any location outside the Development Area or (ii) as contemplated by Section 1.2 above; in each case on any terms and conditions that Face Foundrie deems appropriate. This includes the right to develop, use, and franchise rights to any trade names, trademarks, service marks, commercial symbols, logos, emblems, signs, slogans, insignia, patents or copyrights not designated as Marks, for use with similar or different franchise systems for the sale of similar or different products or services than those constituting a part of the System, without granting Area Developer any rights therein.
Face Foundrie also has the right to offer products and services identified by the Marks to customers within the Development Area through various distribution channels, including the Internet, smart phone applications, mail order, telemarketing, and through mass merchandise, convenience stores, supermarkets, grocery stores, convenience stores, and club stores. However, such sales cannot be made from a Face Foundrié Facial Bar located within the Development Area. This multi-channel distribution strategy allows Face Foundrie to maximize its market reach and cater to different customer preferences.
These reserved rights provide Face Foundrie with the flexibility to manage and evolve the brand and System, introduce new products or services, and explore alternative distribution methods. For a prospective franchisee, this means that Face Foundrie has considerable control over the System and can make changes that may impact the franchisee's business. It is important for potential franchisees to understand and accept these rights, as they are inherent in the franchise relationship and are designed to protect the integrity and future growth of the Face Foundrie brand.