Is the Mr. Sandless franchisee allowed to alter the Proprietary Marks?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
We shall own and have the exclusive right to use and incorporate in the System, for the benefit of other franchisees, us and our affiliates, any modifications, changes and improvements (collectively, "improvements") to the System, in whole or in part, developed or discovered by you, your principals or your employees or agents in connection with the System or the operation of a Business, without any liability or obligation to you. This includes, but is not limited to, discoveries or development of products, systems or techniques, management practices or procedures, architectural designs and philosophies and names or groups of words relating to the System or describing the services offered by Mr. Sandless Businesses. You acknowledge and agree that nothing in this Section 11.8 permits you to test, introduce, provide, or otherwise offer any Improvements to customers, or use any Improvement in the operation of the Franchised Business, unless and until Franchisor consents to the use of the Improvement for such purpose.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, franchisees are not allowed to alter the Proprietary Marks. The franchise agreement specifies that Mr. Sandless owns the rights to incorporate any modifications, changes, and improvements to the system, including the Proprietary Marks.
The agreement explicitly states that franchisees cannot test, introduce, provide, or offer any improvements to customers or use any improvement in the operation of the franchised business unless Mr. Sandless consents to the use of the improvement for such purpose. This ensures that all changes to the system, including the Proprietary Marks, are controlled and approved by Mr. Sandless to maintain uniformity and quality across all franchise locations.
This provision is typical in franchising, as franchisors need to protect their brand identity and ensure consistent customer experience. By retaining control over any modifications to the system and Proprietary Marks, Mr. Sandless can maintain brand standards and prevent franchisees from making changes that could negatively impact the brand's reputation.