If applicable law prevents an Itan franchisee from assigning ownership of an Improvement, what must the franchisee do?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree to assign to us or our designee, without charge, all rights to any Improvement developed by you, including the right to grant sublicenses.
If applicable law precludes you from assigning ownership to us, then such Improvement shall be perpetually licensed by you to us free of charge, with full rights to use, commercialize and sublicense the same.
Source: Item 23 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
According to Itan's 2025 Franchise Disclosure Document, if applicable law prevents a franchisee from assigning ownership of an Improvement to Itan, the franchisee must perpetually license the Improvement to Itan, free of charge. This license grants Itan full rights to use, commercialize, and sublicense the Improvement.
This requirement ensures that Itan can still benefit from any Improvements developed by its franchisees, even if legal restrictions prevent a formal transfer of ownership. By obtaining a perpetual, free license with full rights, Itan maintains control over the use and commercialization of these Improvements across its franchise system.
For a prospective Itan franchisee, this means that any innovation or Improvement they develop related to the Itan salon operation must be made available to the franchisor. While the franchisee might not be able to assign ownership, the perpetual license ensures Itan can leverage the Improvement without incurring additional costs. Franchisees should consider this when investing in or developing new technologies or processes for their Itan salon.