What assistance is a Jersey Mikes franchisee obligated to provide to protect the franchisor's interests in litigation regarding the Marks?
Jersey_Mikes Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor makes no representation or warranty, express or implied, as to the use, exclusive ownership, validity or enforceability of the Marks.
- 6.5 If it becomes advisable at any time in Franchisor's sole discretion, for Franchisor and/or Franchisee to modify or discontinue use of any Mark, and/or use one or more additional or substitute trade names, trademarks, service marks, or other commercial symbols, Franchisee agrees to comply with Franchisor's directions within a reasonable time after notice to Franchisee by Franchisor, and Franchisor shall have no liability or obligation whatsoever with respect to Franchisee's modification or discontinuance of any Mark.
- 6.6 Franchisor or its agents shall have the right of entry and inspection of the Premises at all reasonable times, and, they shall have the right to observe the manner in which Franchisee is rendering its JERSEY MIKE'S services and conducting its operations, to co nfer with Franchisee's employees and customers, to select ingredients, food and non-food products, beverages, and other items, products, materials and supplies for test of content and evaluation purposes to make certain that the services, ingredients, products, materials, equipment and operations are satisfactory and meet the quality control provisions and performance standards established by Franchisor, and to inspect the computer hardware and software, point-of-sale system, data security and privacy protocols, configurations, connectivity and data access used in connection with the Franchised Restaurant.
Source: Item 22 — CONTRACTS (FDD page 77)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Jersey Mike's makes no representation or warranty, express or implied, as to the use, exclusive ownership, validity or enforceability of the Marks. If it becomes advisable at any time in Franchisor's sole discretion, for Franchisor and/or Franchisee to modify or discontinue use of any Mark, and/or use one or more additional or substitute trade names, trademarks, service marks, or other commercial symbols, Franchisee agrees to comply with Franchisor's directions within a reasonable time after notice to Franchisee by Franchisor. Franchisor shall have no liability or obligation whatsoever with respect to Franchisee's modification or discontinuance of any Mark.
Jersey Mike's or its agents have the right of entry and inspection of the Premises at all reasonable times, and, they have the right to observe the manner in which Franchisee is rendering its JERSEY MIKE'S services and conducting its operations, to confer with Franchisee's employees and customers, to select ingredients, food and non-food products, beverages, and other items, products, materials and supplies for test of content and evaluation purposes to make certain that the services, ingredients, products, materials, equipment and operations are satisfactory and meet the quality control provisions and performance standards established by Franchisor, and to inspect the computer hardware and software, point-of-sale system, data security and privacy protocols, configurations, connectivity and data access used in connection with the Franchised Restaurant.
This means that as a Jersey Mike's franchisee, you must comply with any directions from the franchisor to modify or discontinue the use of any mark, trade name, trademark, service mark, or other commercial symbols. This compliance must occur within a reasonable time after receiving notice from Jersey Mike's. Additionally, Jersey Mike's or its agents have the right to enter and inspect the premises at all reasonable times to ensure that the services, ingredients, products, materials, equipment, and operations meet the quality control provisions and performance standards established by Jersey Mike's.