What is the Gokhale Method franchisee's duty regarding the protection of the value of the Marks?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
YOUR DUTIES
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.
- 8.5. Equipment and Supplies. You agree to purchase such equipment, materials, products, supplies and services as we designate and to purchase them from suppliers as we approve and designate in the Teacher Manual, Policy Statements, or otherwise in writing from time to time. You will not use any equipment, supplies or other tangible or intangible things as part of the Gokhale System or Gokhale Method unless we have previously approved it in writing for such use.
- 8.6. Computer Networks. You agree to participate in any intranet or extranet computer network or other Internet-based or computer assisted communication or teaching system we adopt or develop, and to purchase and implement such equipment or supplies as we may reasonably require. You will also execute such software licenses or other agreements as we may reasonably prescribe.
- 8.7. Permits and Licenses. You will, at your own expense, research the requirements for and obtain all permits and licenses for the Franchised Business and will then operate the Franchised Business in accordance with all applicable laws and regulations, adhere to good business practices and observe high standards of honesty, integrity, fair dealing and ethical business conduct in all dealings with customers, suppliers and us.
Source: Item 22 — CONTRACTS (FDD page 34)
What This Means (2024 FDD)
According to the 2024 Gokhale Method Franchise Disclosure Document, franchisees have a duty to protect the value of the Marks. Gokhale Method emphasizes that every aspect of the System and the Franchised Business is crucial for delivering high-quality service and products. Franchisees, Gokhale Method itself, and other teachers all share the responsibility of maintaining high operating standards to increase demand, protect the brand's reputation and goodwill, and safeguard the value of the Marks. To achieve this, franchisees must comply with the operating standards outlined in the Franchise Agreement, the Teacher's Manual, and Policy Statements. Failure to adhere to these standards may result in suspension of teaching rights or termination of the Franchise Agreement. Franchisees are prohibited from teaching or representing any method or activity outside the Gokhale System as being part of it without prior written approval from Gokhale Method.
To further protect the Marks, Gokhale Method franchisees must sell and deliver the Gokhale System only in Approved Formats and related classes, services, and products that have been expressly approved in writing by Gokhale Method and for which the franchisee is qualified. Franchisees must avoid any deviation from Gokhale Method'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 may disapprove in writing at any time. The schedule of Approved Formats and their requirements is detailed in Exhibit B of the Franchise Agreement.
During the term of the agreement, franchisees receive valuable training and Confidential Information, including details about the Gokhale Method and techniques. Franchisees are prohibited from diverting or attempting to divert customers to competitors or performing any act that could harm the goodwill associated with the Marks and the System. After the agreement terminates, franchisees must cease using Gokhale Method's Intellectual Property, including Confidential Information, methods, procedures, techniques, Marks, and distinctive brand elements. They must also cancel any assumed name registrations containing the word "Gokhale" or any other Marks.