Who is responsible for the costs associated with modifying or discontinuing the use of Flowerama's marks?
Flowerama Franchise · 2024 FDDAnswer from 2024 FDD Document
- e. Discontinued Use.
In the event it becomes advisable or desirable at any time, in Franchisor's sole and absolute discretion, for Franchisee, alone or in conjunction with other franchisees of Franchisor, to modify or discontinue the use, in whole or in part, of any one or more of the Marks, or to use one or more additional or substitute marks, Franchisee agrees to immediately comply with Franchisor's instructions in that regard.
Franchisee shall be responsible for all costs which may be incurred to comply with this obligation.
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 72–77)
What This Means (2024 FDD)
According to Flowerama's 2024 Franchise Disclosure Document, the franchisee is responsible for all costs associated with modifying or discontinuing the use of any of Flowerama's marks. This includes situations where Flowerama, at its sole discretion, determines it's advisable for franchisees to modify or discontinue using the marks.
This means that if Flowerama decides to change its branding, logos, or other marks, the franchisee must comply immediately with Flowerama's instructions. The franchisee is responsible for covering all expenses incurred to implement these changes. These costs could include new signage, marketing materials, or any other items that display the modified or discontinued marks.
For a prospective Flowerama franchisee, this highlights the importance of budgeting for potential rebranding or modifications mandated by the franchisor. It also emphasizes the need to maintain open communication with Flowerama to understand any upcoming changes and their associated costs. Franchisees should also ensure they understand the scope of potential modifications and the associated financial impact before signing the franchise agreement.