What does the Face Foundrie 'System' encompass according to the Franchise Agreement?
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.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, the 'System' encompasses the methods, procedures, and standards for operating a focused facial bar concept under the trademark "FACE FOUNDRIÉ". This includes various elements that contribute to the brand's identity and operational standards. The distinguishing features of the Face Foundrie System include the brand's trade names, trademarks, service marks, trade dress, logos, emblems, insignia, and signs. It also incorporates specially designed fixtures, equipment, facilities, and other items used in providing services and goods, along with the services, products, methods, procedures, protocols, and quality standards. Face Foundrie retains the right to change, improve, and further develop the System over time.
Specifically, the Face Foundrie system includes trademarks, designs and layouts, distinctive standards, specifications and requirements for products, services, equipment, materials, and supplies. It also encompasses 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, and certain operational and business standards and policies. These elements are subject to modification, addition, removal, or improvement by Face Foundrie.
As a franchisee, understanding and adhering to the Face Foundrie System is crucial, as it ensures uniformity and quality across all franchised locations. This adherence helps protect the brand's goodwill and reputation. Franchisees benefit from the established knowledge, experience, and reputation that Face Foundrie has cultivated through the System. However, franchisees must also acknowledge that the beauty services industry is competitive and that their success depends on their abilities, efforts, and financial resources. Furthermore, any modifications or improvements developed by the franchisee in the operation or promotion of the Facial Bar or to the System become the sole and exclusive property of Face Foundrie.