What rights are granted to a Kitchen Solvers franchisee under the franchise agreement?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
nd other commercial symbols used in the Business. Trade dress includes the designs, color schemes and image we authorize you to use in the operation of your Business from time to time.
2. GRANT OF LICENSE
The following provisions control with respect to the license granted to you:
A. Rights Granted. We hereby grant to you, subject to the terms and conditions of this Agreement, the right and license to engage in and conduct a KITCHEN SOLVERS Business identified by the Trademarks that we authorize for your use hereunder (or such other marks as we may direct) for the territory consisting of the area set forth in Appendix B (the "Territory"). You are not permitted to operate the KITCHEN SOLVERS Business outside the Territory unless you secure our prior written consent, which we may grant or withhold in our sole and absolute discretion. If we grant consent permitting you to operate outside the Territory, we may revoke our consent at any time on notice to you.
You hereby accept said license and undertake the obligation to operate your Business for the duration of the Term faithfully, honestly and diligently, using the System in compliance with our standards and requirements for the System. You agree to maintain and operate your Business under your active and continuous supervision and management. You may not commence operations of your Business until you successfully complete our training program and we have approved the commencement date of operations. The license granted herein is limited to the right to operate your Business only within the Territory. You do not have the right to sub-franchise, sublicense, assign or transfer your rights under this Agreement, except as specifically provided in this Agreement.
B. Territory Rights; Our Reservation of Rights. Except as otherwise expressly provided under this Agreement, during the term of this Agreement and provided that you are in compliance with the terms and conditions of this Agreement, we will not (i) modify the Territory without your written permission, or (ii) establish either a company-owned or franchised kitchen or bathroom remodeling or refacing business within the Territory under the KITCHEN SOLVERS Trademark.
You understand and agree that we and our affiliates reserve all rights not expressly granted to you under this Agreement. Without limiting the foregoing, we and/or our affiliates reserve the right to: (a) establish franchises and/or company-owned businesses under the Marks anywhere outside the Territory; (b) establish franchises and/or company owned businesses under marks other than the mark "KITCHEN SOLVERS®" both within and outside the Territory; (c) to manufacture, distribute, offer and/or sell, any goods and/or services in, at or from any location, including any location within the Territory, through alternative channels of distribution, including sales on the Internet (and/or any other existing or future form of electronic commerce), through kiosk locations,
through print and online catalogs and in retail locations; (d) use the KITCHEN SOLVERS® mark and any and all other marks to market and advertise within the Territory; and (e) to merge or affiliate with any other brand, including through purchase or sale of substantially all assets, including a competitive brand with units operating in the Territory. We also reserve the right to develop and operate, and to franchise or license others to develop and operate, the KITCHEN SOLVERS® Business at any location outside your Territory. We and/or our affiliates may engage in these activities without any obligation to compensate you in any way.
We have the right to develop, open and operate, and to license others the right to develop, open and operate, Businesses located in Non-Public Access Areas, including within the Territory and the Development Area. For purposes of this Agreement, the term Non-Public Access Area shall mean military bases, government institutions, and other areas that are not accessible to the general public.
We and/or our affiliates reserve the right to negotiate and enter into agreements with "Multi-Project Customers" and to, directly or indirectly (including through franchisees and licensees) provide KITCHEN SOLVERS® services under the Marks, even if those customers are located in your Territory and, if you sign a Development Agreement, in your Development Area. The term "Multi-Project Customer" means a customer that wishes to contract for the completion of fifty or more projects for KITCHEN SOLVERS® services, including, without limitation owners or managers of apartment and/or condominium buildings, residential home builders and/or developers, and hotel chains. We may, in our sole discretion, offer you the option to perform work for one or more Multi-Project Customers in the Territory and in the Development Area (if applicable), but we may also provide such services ourselves or through an affiliate, or we may contract with a third-party including another KITCHEN SOLVERS® franchisee, to perform such services in the Territory and in the Development Area (if applicable) without providing you with any compensation. If you qualify to service a Multi-Project Customer and we offer you the option to perform such work, you will be required to comply with our designated standards, specifications and procedures, and you may be required to enter into our then-current form of Multi-Project Customer Participation Agreement. We retain the right to set and modify the parameters for any Multi-Project Customer program, including the right to terminate your participation in the program, at any time.
3. TRADEMARK STANDARDS AND REQUIREMENTS
You hereby acknowledge and agree that the Trademarks are our property and that your right to use the Trademarks is specifically conditioned upon the following terms and conditions:
A. Trademark Ownership. The Trademarks are our valuable property, and we are the exclusive owner of all right, title and interest in and to the Trademarks and all past, present or future goodwill of your Business conducted within the Territory that is associated with or attributable to the Trademarks. Your use of the Trademarks will inure to our benefit.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, franchisees are granted specific rights and licenses to operate a Kitchen Solvers business within a defined territory. Kitchen Solvers grants the franchisee the right to conduct a Kitchen Solvers Business identified by the Trademarks that Kitchen Solvers authorizes for use within the territory outlined in Appendix B of the franchise agreement. Franchisees are not allowed to operate outside their designated territory without prior written consent from Kitchen Solvers, which can be granted or revoked at Kitchen Solvers' discretion. The franchisee must operate the business faithfully and diligently, adhering to Kitchen Solvers' standards and requirements, and maintain active supervision and management of the business. Franchisees must also complete the Kitchen Solvers training program before commencing operations. The license is limited to operating within the specified territory, and franchisees do not have the right to sub-franchise, sublicense, assign, or transfer their rights unless explicitly permitted in the agreement. The term of the franchise agreement is for a period of ten years, with the option to renew for two additional ten-year terms if certain conditions are met.
Kitchen Solvers also provides territory protections, agreeing not to modify the franchisee's territory or establish a company-owned or franchised kitchen or bathroom remodeling or refacing business within the territory under the Kitchen Solvers trademark, as long as the franchisee complies with the terms of the agreement. However, Kitchen Solvers retains several rights, including establishing franchises or company-owned businesses outside the franchisee's territory, establishing businesses under different marks both within and outside the territory, and manufacturing, distributing, offering, or selling goods and services through alternative channels, such as the internet or kiosks, even within the franchisee's territory. Kitchen Solvers also reserves the right to use the Kitchen Solvers mark for marketing and advertising within the territory and to merge or affiliate with any other brand, including competitors operating in the territory. Kitchen Solvers can also develop and operate Kitchen Solvers businesses outside the franchisee's territory without any obligation to compensate the franchisee.
Kitchen Solvers retains the right to work with Multi-Project Customers, defined as those contracting for fifty or more projects, even within a franchisee's territory. Kitchen Solvers may offer the franchisee the option to perform work for these customers, but can also choose to provide the services themselves, through an affiliate, or through another franchisee, without compensating the original franchisee. If the franchisee is selected to service a Multi-Project Customer, they must comply with Kitchen Solvers' standards and may be required to enter into a Multi-Project Customer Participation Agreement. Kitchen Solvers can modify or terminate any Multi-Project Customer program at any time. Franchisees are required to promptly disclose any ideas, concepts, procedures, techniques, or processes concerning the Kitchen Solvers business, referred to as Innovations, to Kitchen Solvers. These Innovations become Kitchen Solvers' exclusive property, and franchisees must assign ownership and related rights to Kitchen Solvers, without any obligation for Kitchen Solvers to provide compensation. Franchisees cannot use any Innovation without Kitchen Solvers' prior approval.