Does the Fast Fix Jewelry And Watch Repairs addendum impose any obligations on the franchisee?
Fast_Fix_Jewelry_And_Watch_Repairs Franchise · 2025 FDDAnswer from 2025 FDD Document
and the provisions of this Section 12.3 shall apply to the rights and obligations of the parties.
(a) Franchisee's authorization to use in any manner the FAST-FIX name or the Marks shall immediately terminate. Franchisee shall immediately discontinue the use of the System and the Marks, and the use of any and all signs and printed goods bearing the Marks, or any reference to them. Franchisee shall not thereafter, directly or indirectly: (i) identify itself in any manner as a franchisee of Franchisor; (ii) publicly identify itself as a former franchisee; (iii) use any of Franchisor's Confidential Information, the Marks, or trade names, service marks or trademarks similar to or likely to be confused with any of the Marks; or (iv) use the FAST-FIX name, the Marks, or any other name or trademark that contains the words "Fast," "Fix," "Jewelry Repair," "Jewelry and Watch Repair," or any phonetic or confusingly similar words, in connection with any business, including a Competitive Business. Franchisee must take such action as may be required to cancel all fictitious or assumed name(s) or equivalent registrations relating to Franchisee's use of any of the Marks and, at Franchisor option, to assign to Franchisor (or its designee) or cancel any electronic address, domain name or website, or rights maintained in connection with any search engine, that associates Franchisee with Franchisor, the System, or the Marks. Further, not later than 10 days after the expiration or sooner termination of this Agreement, Franchisee shall remove, or cause to remove, as the case may be, all references existing on the internet—whether direct or indirect or human-readable or machine-readable only—to the Franchised Business, the System (including the Marks), or Franchisor or its owners, officers, or employees.
(b) Franchisor or its designee shall have the first priority option (but not the obligation) to purchase any or all Franchisee's equipment at its Designated Value, and if Franchisor exercises such option, Franchisee shall sell such items to Franchisor at such price, free and clear of all liens, claims and other encumbrances. "Designated Value" shall mean the lesser of (i) fair market value and (ii) Franchisee's cost less depreciation on a straight line basis of 10% percent per year.
(c) Franchisee will vacate the Service Center immediately, or, at the option of Franchisor, will immediately make such removals or changes in signs and colors of the Service Center as
Franchisor shall reasonably request so as to distinguish effectively the Service Center from their former appearance and from other FAST-FIX businesses. If Franchisee fails to make such changes, then Franchisor may enter on the Service Center and make such changes at Franchisee's expense, without being guilty of trespass or any other tort or criminal act. Additionally, if the Service Center is not subleased by Franchisor or its Affiliates to Franchisee, Franchisor shall have the option to require Franchisee to assign its leasehold interest in the Service Center to Franchisor.
(d) Franchisee shall return to Franchisor all paper copies of the Brand Standards Manual and other instructional documents, materials or manuals, display items, promotional aids and writings bearing the FAST-FIX name or containing Confidential Information. Franchisee shall immediately cease using any telephone numbers for the Franchised Business used at any time before such expiration or termination. To ensure that Franchisee has ceased using such telephone numbers on termination of this Agreement or its expiration, Franchisee has authorized Franchisor to take whatever actions are necessary to comply with the foregoing in accordance with the Conditional Assignment of Telephone Numbers and Listings attached as Attachment 3 hereto, which Franchisee is executing simultaneously with this Agreement.
(e) In the event of termination for any default of Franchisee, the extent of all damage which Franchisor has suffered by virtue of such default shall be and remain a lien in favor of Franchisor against any and all of the personal property, machinery, fixtures and equipment owned by Franchisee on the Service Center at the time of such default.
12.4. Liquidated Damages for Premature Termination.
Source: Item 22 — CONTRACTS (FDD page 37)
What This Means (2025 FDD)
According to the 2025 Fast Fix Jewelry And Watch Repairs Franchise Disclosure Document, the franchisee has several obligations outlined in the franchise agreement. Upon termination or expiration of the agreement, the franchisee must immediately stop using the Fast-Fix system and marks, including discontinuing the use of any signs or printed materials bearing the marks. The franchisee is prohibited from identifying themselves as a current or former Fast Fix Jewelry And Watch Repairs franchisee and cannot use any of the franchisor's confidential information, marks, or similar trademarks.
Additionally, the franchisee is obligated to cancel any assumed name registrations related to the use of the marks and, at the franchisor's option, assign or cancel any electronic addresses, domain names, or website rights associated with Fast Fix Jewelry And Watch Repairs. Within 10 days of termination, the franchisee must remove all references to the franchised business, the system, or the franchisor from the internet. Fast Fix Jewelry And Watch Repairs also has the option to purchase the franchisee's equipment at a designated value, which is the lesser of fair market value or the franchisee's cost less depreciation at 10% per year.
During the franchise term, the franchisee is required to maintain specific standards for the service center. The franchisee cannot place additional signs or posters without the franchisor's prior consent. They must acquire and maintain specified equipment from approved suppliers, keeping it in excellent working condition. If equipment becomes obsolete, the franchisee must replace it with equipment that meets Fast Fix Jewelry And Watch Repairs's current standards. Furthermore, the franchisee's stationery and business cards must adhere to the formats specified by Fast Fix Jewelry And Watch Repairs in the Brand Standards Manual, including the franchisor's logo and specific disclaimers.
These obligations ensure brand consistency and protect Fast Fix Jewelry And Watch Repairs's intellectual property and reputation. Prospective franchisees should carefully review these requirements to understand their responsibilities both during and after the franchise agreement.