Can Face Foundrie use trademarks not designated as 'Marks' for other franchise systems?

According to Face Foundrie's 2025 Franchise Disclosure Document, Face Foundrie retains specific rights regarding trademarks and franchise systems. Face Foundrie can develop, use, and franchise trade names, trademarks, service marks, commercial symbols, logos, emblems, signs, slogans, insignia, patents, or copyrights not designated as 'Marks.'

This means Face Foundrie has the freedom to create and franchise other systems, even within a franchisee's protected territory, using different branding elements than the 'Marks' associated with the core Face Foundrie Facial Bar concept. These other systems can offer similar or different products/services without granting the franchisee any rights to those new trademarks or systems.

For a prospective Face Foundrie franchisee, this clause highlights a potential risk. Face Foundrie could introduce competing or complementary businesses under different brands, which could operate nearby or even within the franchisee's protected territory, as long as they don't use the designated 'Marks.' It is important for a franchisee to understand that their protected territory only applies to other Face Foundrie Facial Bars operating under the same brand and 'Marks.'

This reservation of rights is fairly common in franchising, allowing franchisors to diversify and expand into new markets or services. However, franchisees should carefully consider the potential impact of such activities on their business and discuss these possibilities with Face Foundrie before signing the agreement.