What is the definition of 'Marks' according to the Gokhale Method Franchise Agreement?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
Preamble: We have developed a method for restoring Primal PostureTM as evidenced by young children, our ancestors and people in non-industrial cultures (the "Gokhale Method®") as well as materials, procedures and protocols for teaching the Gokhale Method (the "Gokhale System") as well as materials, procedures and protocols for operating a business teaching it (the "Gokhale Way") under trademarks and trade names that we or our affiliate own or may own in the future (the "Marks"). You wish to teach the Gokhale System and to use the Gokhale Way to operate a business (the "Franchised Business") as well as to use the Marks and we are willing to grant you certain rights to do so, as set forth herein.
Source: Item 22 — CONTRACTS (FDD page 34)
What This Means (2024 FDD)
According to the 2024 Gokhale Method Franchise Disclosure Document, 'Marks' are defined as the trademarks and trade names that Gokhale Method or its affiliates own or may own in the future. This definition is crucial for prospective franchisees as it establishes the intellectual property they are authorized to use under the franchise agreement.
The franchise agreement grants franchisees the right to operate a business teaching the Gokhale System and to use the Gokhale Way, which includes the use of the Marks. However, this right is not absolute. Gokhale Method retains the right to modify, add to, or discontinue the use of the Marks, or to substitute different Marks. If Gokhale Method changes the Marks, franchisees are obligated to comply with these changes at their own expense.
Upon termination or expiration of the franchise agreement, franchisees must immediately and permanently cease all use of Gokhale Method's intellectual property, including the Marks. This includes ceasing the use of all signs, advertising materials, displays, stationery, forms, products, and any other articles that display the Marks. Franchisees must also take action to cancel any assumed name registrations that contain the word "Gokhale" or any other Marks. These stipulations ensure that Gokhale Method maintains control over its brand identity and prevents unauthorized use of its intellectual property after the franchise relationship ends.