What does Section 5 of the Face Foundrie Franchise Agreement cover regarding Trademarks?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
- 5.07 Modification by Franchisee. If Franchisee develops any new modification, concept, process, improvement or slogan (including any and all inventions, discoveries, trademarks and improvements)
in the operation or promotion of the Facial Bar or to the System, the same shall be deemed a work made for hire, and Franchisee shall promptly notify Franchisor of, and provide Franchisor with all necessary information regarding, such modification, concept, process, improvement or slogan, without compensation to Franchisee. Franchisee acknowledges that any such modification, concept, process, improvement or slogan shall become Franchisor's sole and exclusive property and that Franchisor may use and/or allow other franchisees to use the same in connection with the System or the operation of Face Foundrié Facial Bars, without compensation to Franchisee. Franchisee shall assist Franchisor, at Franchisor's expense, in obtaining execution of all documents and taking all other actions which Franchisor may reasonably request to make possible the filing of patent applications for any such developments and to establish that Franchisor is the owner of both the developments and any patent applications made in connection with such developments
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to the 2025 Face Foundrie Franchise Disclosure Document, section 5.07 of the Franchise Agreement addresses modifications made by the franchisee. Specifically, if a Face Foundrie franchisee develops any new modification, concept, process, improvement, or slogan related to the Facial Bar's operation or the System, including inventions, discoveries, trademarks, and improvements, it is considered a work made for hire.
The franchisee must promptly inform Face Foundrie of any such developments and provide all necessary information without compensation. The agreement stipulates that these modifications become the sole and exclusive property of Face Foundrie. Face Foundrie has the right to use these developments or allow other franchisees to use them in connection with the System or the operation of other Face Foundrie Facial Bars, again without compensating the original franchisee.
Furthermore, the franchisee is obligated to assist Face Foundrie, at Face Foundrie's expense, in executing documents and taking actions necessary for filing patent applications. This ensures that Face Foundrie establishes ownership of both the developments and any related patent applications. This clause emphasizes Face Foundrie's control over any innovations or improvements to the system, ensuring uniformity and protecting its intellectual property, which is a common practice in franchising to maintain brand consistency and standards.