What does the term 'Marks' encompass regarding a Hyper Kidz franchise, and can these 'Marks' be changed?

According to Hyper Kidz's 2024 Franchise Disclosure Document, the term 'Marks' includes trademarks, service marks, logos, other commercial symbols, and any Domain Name that Hyper Kidz authorizes a franchisee to use. These 'Marks' are used to identify the services and/or products offered by the Hyper Kidz Business, including the mark "Hyper Kidz" and the "Trade Dress".

Hyper Kidz retains the right to modify or discontinue these trademarks, service marks, logos, other commercial symbols, and the Trade Dress. They may also include additional or substitute trademarks, service marks, logos, commercial symbols, and trade dress as provided in the Franchise Agreement. This means that the specific branding elements a franchisee uses can change over time at the discretion of Hyper Kidz.

This is a fairly standard practice in franchising, as franchisors need the flexibility to update their branding to stay current and competitive. However, it's important for a prospective Hyper Kidz franchisee to understand that the 'Marks' they initially invest in may not remain the same throughout the term of their agreement. Franchisees are required to use the 'Marks' as designated by Hyper Kidz and acknowledge that all goodwill associated with the use of the 'Marks' benefits Hyper Kidz. Franchisees must also identify themselves as independent owners of the Hyper Kidz Business in conjunction with any use of the 'Marks'.