What constitutes misuse of the Marks or identifying characteristics of the Gokhale Method System that could lead to termination?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
8.1. Operating Standards. You understand and acknowledge that every detail of the System and the Franchised Business is important for delivering a high quality service and product, and therefore it is important to you, us, and other Gokhale Method teachers in order to develop and maintain high operating standards, to increase the demand for the services and products sold by all franchised businesses operating under the System, to protect and enhance our reputation and goodwill, to promote and protect the value of the Marks.
To those ends, you agree to comply with our operating standards as expressed in this Agreement, the Teacher's Manual, and in Policy Statements. You understand that we have the right to suspend your right to teach, or that we may terminate this Agreement, if you fail to maintain our Operating Standards. You agree that you will not teach, administer, advise or represent any method, healing regimen or protocol, or any other activity that is not part of the Gokhale System as being part of the Gokhale System or Gokhale Method unless it has previously been approved by us in writing for your use as such.
8.2. Approved Formats. You agree to sell, offer for sale and deliver to students only the Gokhale System in Approved Formats and any related classes, services and products as have been expressly approved in writing by us and for which you have been qualified; to refrain from any deviation from our standards
and specifications without our prior written consent; and to discontinue selling and offering for sale any Gokhale Method branded class, service, product, merchandise, and equipment which we may, in our discretion, disapprove in writing at any time. The current schedule of Approved Formats and requirements for them is annexed as Exhibit B.
- 8.3. Personal Involvement. You may not, under any circumstances allow other persons to teach the Gokhale System without our express, written consent.
You may not delegate, franchise or employ others to carry out the duties of this Franchise Agreement.
- 8.4.
Required Training.
You agree to attend any and all required continuing training, as defined in 7.2.
Source: Item 22 — CONTRACTS (FDD page 34)
What This Means (2024 FDD)
According to Gokhale Method's 2024 Franchise Disclosure Document, several actions can be considered misuse of the Marks or identifying characteristics of the Gokhale Method System, potentially leading to termination of the franchise agreement. These include failing to adhere to the operating standards detailed in the Franchise Agreement, the Teacher's Manual, and Policy Statements. Gokhale Method emphasizes the importance of maintaining high operating standards to protect its reputation and the value of its Marks.
Specifically, a franchisee must not teach, administer, advise, or represent any method, healing regimen, or protocol not part of the Gokhale System as being part of it unless approved in writing by Gokhale Method. Franchisees are required to sell and deliver only the Gokhale System in approved formats and must refrain from deviating from the franchisor's standards and specifications without prior written consent. They must also discontinue selling any Gokhale Method branded class, service, product, merchandise, and equipment that Gokhale Method disapproves of in writing.
Furthermore, franchisees cannot allow other persons to teach the Gokhale System without express written consent from Gokhale Method, and they cannot delegate, franchise, or employ others to carry out the duties of the Franchise Agreement. Franchisees are also obligated to attend any and all required continuing training. These stipulations are in place to ensure consistency and quality across all Gokhale Method franchises, and failure to comply can result in the suspension of teaching rights or termination of the franchise agreement.