What rights does Gokhale Method expressly reserve in addition to implied reservations?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
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Franchised Business:
- 2.2.1. The right to teach, offer or sell services or products of any kind, or to franchise or to grant to others the right to teach, offer or sell services or products of any kind, under the name "Gokhale Method" or under any other name or mark, at any location or in any territory whatsoever, through any channel of trade (including Internet sales and mail order sales), to any persons, regardless of whether you have any past, existing or prospective relationship with them;
- 2.2.2. The exclusive right to host one or more websites on the Internet that concern, offer or advertise the Gokhale Method or any other service or product that we offer under any name or mark;
- 2.2.3. The right to advertise and promote our services and products through any media;
- 2.2.4. The right to offer and sell any services and products under any trade names, trademarks, service marks or trade dress, including the Marks, through any channels of distribution whatsoever (including Internet sales; and mail-order sales); and
- 2.2.5. The right to acquire, be acquired by, merge, affiliate with or engage in any transaction with any other businesses (whether competitive or not), with units located anywhere or business conducted anywhere. These transactions may include arrangements involving competing businesses or outlets and dual branding or brand conversions.
3. TERM AND RENEWAL
- 3.1. Term. This Agreement shall be in effect beginning on the Effective Date, and the term of this Agreement shall be five (5) years (the "Term") from the date you complete your Immersion Week further described in Section 7.1 of this Agreement, unless this Agreement is sooner terminated pursuant to its terms; provided, however, that if the term is a renewal term, then the term shall be five (5) years from the date on which the renewal agreement is executed and if you have completed Immersion Week prior to signing this Agreement, then the term shall be five (5) years from the date of execution of this Agreement.
- 3.2. Renewal. Upon the expiration of the Term of this Agreement, you may, subject to the following conditions, renew this Agreement for consecutive terms of five (5) years.
Source: Item 22 — CONTRACTS (FDD page 34)
What This Means (2024 FDD)
According to the 2024 Gokhale Method Franchise Disclosure Document, Gokhale Method retains all rights not expressly granted to the franchisee. These include specific rights related to the Gokhale Method business.
Gokhale Method reserves the right to teach, offer, or sell services or products of any kind under the "Gokhale Method" name or any other name or mark, at any location or territory, through any channel of trade, regardless of any past, existing, or prospective relationship the franchisee may have with those persons. They also retain the exclusive right to host websites concerning the Gokhale Method and to advertise and promote their services and products through any media. Additionally, Gokhale Method can offer and sell any services and products under any trade names, trademarks, service marks, or trade dress through any channels of distribution, including internet and mail-order sales.
Gokhale Method also reserves the right to engage in transactions with other businesses, including competitors, and to conduct business anywhere. The franchisor can modify, add to, or discontinue the use of the Marks, or substitute different Marks. The franchisee must comply with any changes Gokhale Method requires regarding the Marks at the franchisee's expense. These reserved rights allow Gokhale Method to maintain control over its brand, intellectual property, and business operations, and to adapt to changing market conditions without being restricted by the rights granted to franchisees.