Can a Kitchen Solvers franchisee make changes to the Trademarks without written direction from Kitchen Solvers?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
- E. Changes. You may not make any changes or substitutions to Trademarks unless directed by us in writing. We reserve the right to change the Trademarks at any time. Upon receipt of our notice to change the Trademarks, you must cease using the former Trademarks and commence using the changed Trademarks, at your expense. In the limited circumstance that we require you to change the Trademarks in response to a third party claim that its rights to use the Trademarks are superior to our rights, you must make the changes at your expense, except that we will reimburse you for any new signage that we determine is necessary, provided you have cooperated with any action we undertake with regard to the third party claim.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, franchisees are not allowed to make any changes or substitutions to the Trademarks unless they receive written direction from Kitchen Solvers. Kitchen Solvers retains the right to change the Trademarks at any time, and upon receiving notice of such changes, franchisees must cease using the former Trademarks and begin using the updated Trademarks. These changes are to be made at the franchisee's expense.
However, there is a limited circumstance where Kitchen Solvers may reimburse a franchisee for expenses related to changing the Trademarks. If Kitchen Solvers requires a franchisee to change the Trademarks due to a third-party claim asserting superior rights to the Trademarks, the franchisee must make the changes at their own expense. The exception is that Kitchen Solvers will reimburse the franchisee for any new signage deemed necessary, provided the franchisee has cooperated with any action Kitchen Solvers undertakes regarding the third-party claim.
This policy ensures that Kitchen Solvers maintains control over its brand identity and protects its Trademarks. It also means that franchisees must be prepared to invest in updating their signage and materials when Kitchen Solvers decides to make changes to the Trademarks, unless the change is due to a third-party claim, in which case Kitchen Solvers may cover the cost of new signage.