What are My Salon Suite's reserved rights as the franchisor?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding the above, Franchisor or any person or entity authorized by Franchisor may, at any time, use the Proprietary Marks to advertise or promote the System or fulfill customer orders in the Development Area and Franchisor otherwise reserves the rights described in Section 2.E. of the Franchise Agreement.
During the term of this Franchise Agreement and thereafter, Franchisee agrees not establish, create, traffic in, or operate an Internet site or website using a domain name or uniform resource locator containing any of the Proprietary Marks, including "My Salon Suite" or any portion or variation thereof.
Franchisee agrees and acknowledges that Franchisor, its Affiliate and any licensor of Franchisor or its Affiliate retain the exclusive right to advertise on the Internet and create websites using the "My Salon Suite" name and any other domain name(s) that Franchisor may specify in the Manual or other writing.
Franchisor is the sole owner of all right, title, and interest in and to such domain names, as Franchisor shall designate in the Manual.
Any improvements or additions to the System, patents, copyrighted materials, the Domain Name, website, or any other documents or information
pertaining to or relating to the System or the Franchised Business, or any new trade names, trade and service marks, logos, or commercial symbols related to the Franchised Business or any advertising and promotional ideas or inventions related to the Franchised Businesses (collectively, "Improvements") conceived or developed by Franchisee shall become Franchisor's property.
Franchisee agrees to assign and does hereby assign to Franchisor, all right, title and interest in and to the Improvements, including the right to grant sublicenses to any such Improvement.
Franchisee shall fully disclose the Improvements to Franchisor, without disclosure of the Improvements to others, and shall obtain Franchisor's written approval prior to using such Improvements.
Any Improvement may be used by Franchisor and all other franchisees without any obligation to Franchisee for royalties or other fees.
Franchisor may apply for and own copyrights, patents, trade names, trademarks and service marks relating to any such Improvement and Franchisee shall cooperate with Franchisor in securing such rights.
Franchisor may also consider such Improvements as the property and trade secrets of Franchisor.
To protect Franchisor's interests in the System and Marks, Franchisor reserves the right to determine if Franchisee is meeting a required standard and whether an alternative is suitable to any recommendations or guidelines.
Franchisor has the right to substitute certain instructors of, or other personnel involved with, My Salon Suite University with other individuals that have similar experience with the System or have otherwise been properly trained by Franchisor's personnel to be a My Salon Suite University instructor.
Source: Item 23 — RECEIPTS (FDD pages 95–230)
What This Means (2025 FDD)
According to My Salon Suite's 2025 Franchise Disclosure Document, My Salon Suite retains several key rights to protect its brand and system standards. Even if a franchisee is granted a development area, My Salon Suite reserves the right to use its proprietary marks to advertise, promote the system, and fulfill customer orders within that area. This means that even with a protected territory, My Salon Suite can still engage in marketing activities that may reach customers in a franchisee's territory.
My Salon Suite also maintains exclusive rights over its online presence. Franchisees are prohibited from creating websites or using domain names that include the "My Salon Suite" name or variations thereof. This ensures that My Salon Suite maintains control over its brand identity and online marketing strategies. Furthermore, any improvements or additions to the My Salon Suite system, including patents, copyrighted materials, the domain name, website, or any new trade names or trademarks developed by a franchisee, automatically become the property of My Salon Suite. The franchisee must disclose these improvements and obtain written approval from My Salon Suite before using them.
To further protect its interests in the My Salon Suite system and marks, My Salon Suite reserves the right to determine if a franchisee is meeting required standards and whether any alternative approaches are suitable. These standards are generally outlined in the manual or other written materials provided to the franchisee. My Salon Suite also has the right to substitute instructors or personnel involved with My Salon Suite University, ensuring consistent training and adherence to system standards. These reserved rights enable My Salon Suite to maintain uniformity and quality across all franchise locations, while also protecting its intellectual property and brand reputation.