Besides the Franchise Agreement, where else are the usage guidelines for Fitstop Marks outlined?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
We grant you a limited, non-exclusive license to use our then-current Proprietary Marks (or "Marks") we designate to identify your Franchised Business, such as our current primary mark FITSTOP® and certain other Marks we authorize at this time provided you use these Marks as outlined in your Franchise Agreement(s) and our Manuals.
You must strictly comply with our standards, specifications, rules, requirements, and instructions regarding the use of the Marks.
You must modify or discontinue using any of the Marks, and add new names, designs, logos or commercial symbols to the Marks as we instruct. We may, at our sole discretion, impose changes whenever we believe the change is advisable. We do not have to compensate you for any costs you incur to make the changes we require. You will receive written notice of any change, and will be given a reasonable time to conform to our directions (including changing signage, marketing displays, trade dress and other advertising), at your sole expense.
Source: Item 13 — TRADEMARKS (FDD pages 37–38)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, the usage guidelines for Fitstop's proprietary marks are outlined in the Franchise Agreement and the brand's manuals. Fitstop grants franchisees a limited, non-exclusive license to use their designated marks to identify the franchised business, provided these marks are used as outlined in both the Franchise Agreement and the manuals. This means that franchisees must adhere to the specific standards, specifications, rules, requirements, and instructions provided by Fitstop regarding the use of their marks.
Fitstop retains the right to instruct franchisees to modify or discontinue the use of any marks, and to add new names, designs, logos, or commercial symbols to the marks. These changes can be imposed at Fitstop's sole discretion whenever they believe it is advisable. Franchisees are responsible for any costs incurred to make these changes, including updating signage, marketing displays, and trade dress. Fitstop will provide written notice of any changes and a reasonable timeframe for franchisees to comply with the new directions.
It is important for prospective Fitstop franchisees to carefully review both the Franchise Agreement and the brand's manuals to fully understand the permitted uses of Fitstop's trademarks and the potential obligations to update branding elements at their own expense. Franchisees must strictly comply with Fitstop's standards for using the marks, as the goodwill associated with the marks remains Fitstop's exclusive property. Any increase in goodwill during the Franchise Agreement term benefits Fitstop, and all rights to use the marks automatically revert to Fitstop upon expiration or termination of the agreement.