What is the relationship between the Mr. Sandless trademarks (Item 13) and the franchisee's obligations to protect the brand's reputation (Item 9)?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 13: TRADEMARKS]
ITEM 13 TRADEMARKS
Our President, Daniel J. Prasalowicz is the owner of the Marks and has granted us the right to use the Marks and license to others the right to use the Marks in the operation of a Mr. Sandless outlet in accordance with the System. The Franchise Agreement will license to you the right to operate your Franchised Business under the Mr. Sandless service marks, as described below ("Principal Mark"):
[Item 22: CONTRACTS]
Attachment 5 – Internet Advertising, Social Media, Software and Telephone Listing Agreement
[Item 22: CONTRACTS]
18.4 Covenants of Employees, Agents, and Third Persons
You shall require and obtain execution of covenants similar to those set forth in this Section 19.4 (including covenants applicable upon the termination of a person's employment with you) from all employees, contractors or third persons who will have access to Mr. Sandless proprietary and Confidential Information, and shall provide to us to an executed versions thereof. Such covenants shall be substantially in the form set forth in Attachment 4 as revised and updated from time to time and contained in the Manual. You shall indemnify and hold us harmless from any and all liability, loss, attorneys' fees, or damage we may suffer as a result of your failure to obtain executed restricted covenants by employees, agents and third persons as required by this Section.
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, the trademarks are owned by Daniel J. Prasalowicz, the President, who grants Mr. Sandless Franchise LLC the right to use and license them. The Franchise Agreement licenses franchisees to operate under the Mr. Sandless service marks.
The Franchise Agreement includes provisions designed to protect the Mr. Sandless brand's reputation. For instance, franchisees are required to enter into an "Internet Advertising, Social Media, Software and Telephone Listing Agreement," indicating that Mr. Sandless wants to control how its brand is represented online. Upon termination of the Franchise Agreement, the franchisee must transfer all rights and interests in domain names, social media accounts, software accounts, and telephone listings related to the Mr. Sandless brand back to the franchisor.
Additionally, franchisees must ensure that their employees, contractors, and other third parties who have access to Mr. Sandless's confidential information also agree to covenants protecting that information. This is to be done through agreements substantially similar to the Confidentiality and Non-Competition Agreement outlined in the FDD. Franchisees are responsible for any losses or damages suffered by Mr. Sandless due to the franchisee's failure to obtain these protective covenants from relevant parties.