What rights does Gokhale Method retain, regardless of the impact on or proximity to a franchisee's business?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
Source: Item 22 — CONTRACTS (FDD page 34)
What This Means (2024 FDD)
According to the 2024 Gokhale Method Franchise Disclosure Document, Gokhale Method retains several rights that can impact a franchisee's business, regardless of proximity. These include the right to teach, offer, or sell any services or products under the Gokhale Method name (or any other name), to anyone, in any location or territory, through any channel of trade. This means Gokhale Method can operate or franchise new outlets, sell online, or use mail order without restriction.
Additionally, Gokhale Method maintains the exclusive right to host websites concerning the Gokhale Method and to advertise and promote their services and products through any media. They can also offer and sell any services and products under any trade names, trademarks, service marks, or trade dress through any distribution channels, including online and mail order.
Furthermore, Gokhale Method reserves the right to engage in transactions with any other businesses, including competitors, regardless of location. These transactions can include mergers, affiliations, dual branding, or brand conversions. These retained rights highlight that a Gokhale Method franchisee does not have an exclusive territory and faces potential competition from both the franchisor and other franchisees, as well as from other business ventures the franchisor may undertake.