Does Mr. Sandless have the right to modify or discontinue the use of any Proprietary Marks at its sole discretion?

According to Mr. Sandless's 2025 Franchise Disclosure Document, Mr. Sandless retains the right to modify, add, substitute, or discontinue the use of any of its Proprietary Marks at its sole discretion. As a franchisee, you must make any required changes, additions, or deletions to all interior and exterior signs, packaging, printed materials, and advertising as directed by Mr. Sandless, and you will bear the expenses for these changes. This condition is common in franchising, as it allows the franchisor to maintain brand consistency and adapt to market changes.

This provision means that Mr. Sandless can change its logos, trademarks, or other brand identifiers, and franchisees must comply with these changes. This could involve updating signage, marketing materials, and even the appearance of the business location. While franchisees are responsible for the costs associated with these changes, the franchisor's ability to make such changes is intended to protect and enhance the overall brand.

Furthermore, franchisees are required to use the Proprietary Marks in conjunction with the symbols "SM," "™" or "®," as applicable, to indicate that the marks are protected under federal law. Franchisees must use the Proprietary Marks solely in the manner prescribed by Mr. Sandless and may not use them in connection with the offer or sale of any unauthorized products or in any other manner not explicitly authorized in writing. This ensures that the brand is used correctly and consistently, preventing misuse or misrepresentation.

If a franchisee identifies any infringement of, or challenge to, the Proprietary Marks, they must promptly notify Mr. Sandless. Mr. Sandless will then decide what action to take. Mr. Sandless will protect the franchisee from any suits, proceedings, demands, obligations, actions, or claims, including costs and reasonable attorneys' fees, for any alleged infringement under federal or state trademark law arising solely from the franchisee’s use of the Proprietary Marks according to the Franchise Agreement and Mr. Sandless’s written directives, provided the franchisee has promptly notified Mr. Sandless of such claim. This demonstrates Mr. Sandless's commitment to protecting its brand and supporting its franchisees in the event of legal challenges related to trademark use.