What is the dependency for Healthsource Chiropractic to grant me rights to use their marks?
Healthsource_Chiropractic Franchise · 2025 FDDAnswer from 2025 FDD Document
7.1 Ownership and Goodwill of Marks
a. You acknowledge that your right to use the Marks is derived solely from this Agreement, and is limited to your operation of the Franchise pursuant to and in compliance with this Agreement and all applicable standards, specifications, and operating procedures we prescribe from time to time during the Term of this Agreement, including, without limitation, timely payment of the Initial Franchise Fee, Continuing Franchise Fees, Advertising Fees, and all other sums due to us.
b. You understand and acknowledge that our right to regulate the use of the Marks includes, without limitation, any use of the Marks in any form of electronic media, such as Websites or web pages, or as a domain name or electronic media identifier.
c.
If you make any unauthorized use of the Marks either during or after the Term of this Agreement, it will constitute a breach of this Agreement and an infringement of our rights in and to the Marks.
- d.
You acknowledge and agree that all your usage of the Marks and any goodwill established by your use will inure exclusively to our benefit and the benefit of our affiliates, and that this Agreement does not confer any goodwill or other interests in the Marks on you (other than the right to operate the Franchise in compliance with this Agreement).
- e.
All provisions of this Agreement applicable to the Marks will apply to any additional trademarks, service marks, commercial symbols, designs, artwork, or logos we may authorize and/or license you to use during the Term of this Agreement.
- f.
HealthSource Chiropractic has invested substantial time, energy, and money in the promotion and protection of its Marks as they exist on the date of this Agreement.
However, rights in intangible property such as the Marks are often difficult to establish and defend.
In addition, other circumstances, such as changes in the cultural and economic environment within which the System operates, changes in marketing or other strategies, or third-party challenges to HealthSource Chiropractic's rights in the Marks, may make changes in the Marks desirable or necessary.
HealthSource Chiropractic therefore reserves the right to change its Marks and the specifications for each when we believe that such changes will benefit the System.
You will promptly conform at your own expense, to any such changes.
HealthSource Chiropractic need not reimburse you for any loss of revenue due to any modified or discontinued Mark or for your expenses in changing to, or promoting, a modified or substitute trademark or service mark.
- 7.2 Limitations on Franchise Owner's Use of Marks.
You agree to use the Marks as the sole trade identification of the Franchise, except that you will display at the Franchise location a notice, in a form acceptable to us, stating that you are the independent owner of the Franchise pursuant to a Franchise Agreement with us.
Source: Item 23 — Receipts (FDD pages 77–282)
What This Means (2025 FDD)
According to the 2025 Healthsource Chiropractic FDD, your right to use their marks is contingent upon adhering to the franchise agreement. Specifically, this right is limited to operating the franchise in compliance with the agreement and all standards, specifications, and operating procedures Healthsource Chiropractic prescribes. This includes the timely payment of the Initial Franchise Fee, Continuing Franchise Fees, Advertising Fees, and all other sums due to them.
Healthsource Chiropractic also regulates the use of its marks in electronic media, such as websites, web pages, domain names, or electronic media identifiers. Unauthorized use of the marks during or after the term of the agreement constitutes a breach of contract and an infringement of their rights. All goodwill established through your use of the marks benefits Healthsource Chiropractic and its affiliates, and the agreement does not grant you any goodwill or other interests in the marks, aside from the right to operate the franchise in compliance with the agreement.
Healthsource Chiropractic retains the right to modify its marks and specifications if they believe it will benefit the system, and you are responsible for conforming to these changes at your own expense. They are not obligated to reimburse you for any loss of revenue or expenses incurred due to modified or discontinued marks. You must use the marks as the sole trade identification of the franchise, with a notice stating that you are an independent owner operating under a franchise agreement with Healthsource Chiropractic.