What does Fitstop consider to be 'Proprietary Marks'?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
Fitstop USA, Inc. is the franchisor. To simplify matters, this document will refer to the franchisor as "we," "us," or "our." "Franchisee", "you" or "your" means the company which buys the franchise, including company's owners, partners, controlling shareholders, officers, guarantors, and managers, if any. If the owners, partners, controlling shareholders, officers, or guarantors are married and your spouse is not an owner, partner, controlling shareholder, officer, or guarantor of the franchise business, certain provisions of our Franchise Agreement will also apply to your spouse.
We incorporated in Delaware on July 22, 2022. Our principal business address is 2260 S. Centinela Ave., Suite 150, Los Angeles, CA 90064. We conduct business under our corporate name and under the primary mark FITSTOP®, as well as any and all other marks, logos, designs and names that we designate for licensing as part of our franchise system from time to time (collectively, the "Proprietary Marks").
We have identified our agents for service of process in various states in Exhibit E.
We are in the business of franchising functional fitness group training facilities that operate under the Proprietary Marks (each, a "Franchised Business"), as well as related activities related to the ownership and administration of the franchise system and franchisee network.
Source: Item 1 — THE FRANCHISOR, AND ANY PARENTS, PREDECESSORS, AND AFFILIATES (FDD pages 7–9)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, the term 'Proprietary Marks' encompasses the primary mark FITSTOP®, as well as any and all other marks, logos, designs, and names that Fitstop designates for licensing as part of its franchise system from time to time. This definition is important for prospective franchisees as it clarifies the scope of intellectual property they are authorized to use when operating a Fitstop franchise.
The use of these Proprietary Marks is central to the Fitstop franchise system. As the FDD states, Fitstop is in the business of franchising functional fitness group training facilities that operate under these marks. This means that a significant part of the franchise's identity and brand recognition is tied to these specific marks, logos, and designs. Franchisees are expected to operate their businesses in a manner that aligns with the standards and specifications associated with these marks.
Understanding what constitutes the Proprietary Marks is crucial for franchisees to ensure they are compliant with the franchise agreement and are properly representing the Fitstop brand. Unauthorized use of marks or designs not included in the definition of Proprietary Marks could lead to legal issues or a breach of contract. Therefore, franchisees should familiarize themselves with all approved marks and designs and seek clarification from Fitstop if they have any questions about their usage.