Does the Multi-Unit Development Agreement for Hyper Kidz grant any rights to use the trademarks?

According to Hyper Kidz's 2024 Franchise Disclosure Document, the Multi-Unit Development Agreement does not grant any rights to use the trademarks. The right to use Hyper Kidz's trademarks, trade names, service marks, symbols, emblems, logos, and indicia of origin is granted through the Franchise Agreement, and this use is specifically for the operation of the Franchised Business.

This means that if you sign a Multi-Unit Development Agreement with Hyper Kidz, you will not be able to use their trademarks until you enter into a separate Franchise Agreement for each specific location you plan to develop. The use of the trademarks is authorized only in the manner prescribed by Hyper Kidz.

This distinction is important for prospective multi-unit franchisees because it clarifies when and how they can begin using the Hyper Kidz brand. It ensures that trademark usage is tied directly to the operation of a franchised business, not simply the agreement to develop multiple units. Franchisees need to be aware that prematurely using the trademarks could be a breach of contract.