What marks is the Licensed Provider sub-licensed to use under the Healthsource Chiropractic agreement?
Healthsource_Chiropractic Franchise · 2025 FDDAnswer from 2025 FDD Document
- 4.2 With the prior consent of HealthSource, Management Company hereby grants Licensed Provider a revocable, non-assignable and non-exclusive sub-license to use certain identifying trade and service marks, names, service marks and other commercial symbols, including the marks "HS" and "HealthSource Chiropractic" and certain associated designs, artwork, and logos (as may be changed by HealthSource from time to time, the "Marks"), as well as certain System materials, forms, intellectual property and décor items, during the Agreement Term. Licensed Provider hereby agrees to use the Marks in accordance with all applicable laws, rules and regulations, in accordance with the rules and requirements of HealthSource, and under
Source: Item 23 — Receipts (FDD pages 77–282)
What This Means (2025 FDD)
According to the 2025 Healthsource Chiropractic Franchise Disclosure Document, with HealthSource's prior consent, the Management Company grants the Licensed Provider a revocable, non-assignable, and non-exclusive sub-license to use specific trade and service marks. These include names, service marks, and other commercial symbols, notably the marks "HS" and "HealthSource Chiropractic." This sub-license also extends to associated designs, artwork, and logos, which HealthSource may modify over time. The collective term for these licensed items is "Marks."
This sub-license also covers the use of certain System materials, forms, intellectual property, and décor items during the agreement term. The Licensed Provider is obligated to use these Marks in compliance with all applicable laws, rules, and regulations, as well as HealthSource's specific requirements. Unauthorized use of the Marks, whether during or after the agreement's term, constitutes a breach of the agreement and an infringement of HealthSource's rights.
HealthSource Chiropractic retains the right to modify its Marks and specifications if it believes such changes will benefit the System. The franchisee is responsible for conforming to these changes at their own expense and HealthSource is not liable for any loss of revenue or expenses incurred due to these modifications. All goodwill established through the use of the Marks accrues exclusively to HealthSource Chiropractic's benefit, and the agreement does not confer any goodwill or other interests in the Marks to the franchisee, other than the right to operate the Franchise in compliance with the agreement.
For a prospective Healthsource Chiropractic franchisee, it is crucial to understand the limitations and obligations associated with using the brand's Marks. Franchisees must adhere to Healthsource Chiropractic's standards and specifications, and any unauthorized use can lead to legal repercussions. The franchisee bears the financial responsibility for adapting to any changes in the Marks, and they do not gain ownership of the brand's goodwill. Therefore, a clear understanding of these terms is essential before entering into a franchise agreement with Healthsource Chiropractic.