factual

What are the parties agreeing to do after the date of the Fast Fix Jewelry And Watch Repairs agreement?

Fast_Fix_Jewelry_And_Watch_Repairs Franchise · 2025 FDD

Answer from 2025 FDD Document

  • A. Franchisor is engaged in the franchising of jewelry and watch repair businesses ("Fast-Fix Service Centers") which offer products and services from a kiosk ("Kiosk") or from an in-line store ("Inline Store"), and in connection therewith, permitting the use of the Marks (defined below).
  • B. As a result of the expenditure of time, skill, effort, and money, Franchisor has established a well-known reputation with the public as to the quality of products and services available at the Franchised Business, which said reputation and goodwill has been and continues to be a distinct benefit to Franchisor and its franchisees.
  • C. Franchisee recognizes the benefits to be derived from being identified with Franchisor, utilizing the Marks, and being able to utilize the business methods and business knowledge which Franchisor makes available to its franchisees.
  • D. Franchisee desires to be authorized to operate the Franchised Business pursuant to the provisions hereof and at the location specified herein.
  • E. Franchisee acknowledges that Franchisee has had a full and adequate opportunity to be fully advised of the terms and conditions of this Agreement, and has consulted advisors and legal counsel of Franchisee's own choosing prior to its execution, and is entering into this Agreement having made an independent investigation of Franchisor's operations.

The parties therefore agree as follows:

ARTICLE 1. DEFINITIONS

For the purposes of this Agreement, the following terms have the following meanings:

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.

Individual shall not communicate or divulge to (or use for the benefit of) any other person, firm, association, or corporation, with the sole exception of Franchisee, now or at any time in the future, any Trade Secrets or other Confidential Information. At all times from the date of this Agreement, Individual must take all steps reasonably necessary and/or requested by Franchisor or Franchisee to ensure that the Confidential Information and Trade Secrets are kept confidential pursuant to the terms of this Agreement. Individual must comply with all applicable policies, procedures and practices that Franchisor or Franchisee establish from time to time with regard to the Confidential Information and Trade Secrets.

  • (b) Individual's obligations under paragraph 2(a) of this Agreement shall continue in effect after expiration or termination of the Franchise Agreement or the termination of Individual's relationship with Franchisee, regardless of the reason or reasons for termination, and whether such termination is voluntary or involuntary, and Franchisor and Franchisee are entitled to communicate Individual's obligations under this Agreement to any future customer, employer, or other party to the extent deemed necessary by Franchisor or Franchisee, as applicable, for protection of its rights hereunder and regardless of whether Individual or any of its affiliates or assigns becomes an investor, partner, joint venturer, broker, distributor or the like in a Fast-Fix Service Center.

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, after the franchise agreement date, the franchisee is authorized to operate a Fast-Fix business under the trademarks at the service center, following the agreement's terms. The franchisee must also adhere to confidentiality and non-disclosure terms, protecting trade secrets and confidential information, even after the agreement expires or terminates. This obligation extends to taking necessary steps to keep information confidential and complying with the franchisor's policies.

Upon termination or expiration of the agreement, the franchisee must immediately stop using the Fast Fix Jewelry And Watch Repairs system and marks, including all signs and printed materials. They cannot identify themselves as a current or former franchisee or use any confidential information or confusingly similar marks. The franchisee is also required to cancel any registrations related to the use of the marks and, if the franchisor chooses, assign or cancel any electronic addresses or domain names associated with Fast Fix Jewelry And Watch Repairs.

Furthermore, within 10 days of the agreement's termination, the franchisee must remove all references to the franchised business, the system, or the franchisor from the internet. The franchisor has the option to purchase the franchisee's equipment at its designated value, defined as the lesser of fair market value or the franchisee's cost less depreciation at 10% per year. These post-agreement obligations ensure the protection of the Fast Fix Jewelry And Watch Repairs brand and confidential information.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.