What rights does My Salon Suite grant to the franchisee regarding the use of Copyrighted Materials?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
her laws. Although we have not applied for copyright registration for the Franchise Operations Manual, our advertising materials, the content and format of our products, or any other writings and recordings, we claim common law and federal copyrights in these items. We grant you the right to use this proprietary and copyrighted information ("Copyrighted Materials") for the operation of your Franchised Business, but such copyrights remain our sole property.
There are no effective determinations of the United States Copyright Office or any court regarding any Copyrighted Materials of ours, nor are there any proceedings pending, nor are there any effective agreements between us and third parties pertaining to the Copyrighted Materials that will or may significantly limit using our Copyrighted Materials. We may revise our Franchise System and any of our Copyrighted Materials at our discretion and may require that you cease using any outdated Copyrighted Materials. You will be responsible for printing any revised or new advertising, marketing, or other business materials.
Our Franchise Operations Manual, electronic information and communications, sales and promotional materials, the development and use of our Franchise System, standards, specifications, policies, procedures, information, concepts and Franchise Systems on, knowledge of, and experience in the development, operation and franchising of Franchised Businesses, our training materials and techniques, information concerning product and service sales, operating results, financial performance and other financial data of Franchised Businesses, and other related materials are proprietary and confidential ("Confidential Information"), and are our property to be used by you only as described in the Franchise Agreement and the Franchise Operations Manual. Where appropriate, certain information has also been identified as trade secrets ("Trade Secrets"). You must maintain the confidentiality of our Confidential Information and Trade Secrets and adopt reasonable procedures to prevent unauthorized disclosure of our Confidential Information and Trade Secrets.
We will disclose parts of the Confidential Information and Trade Secrets to you as we deem necessary or advisable for you to develop your Franchised Business during training and in guidance and assistance furnished to you under the Franchise Agreement, and you may learn or obtain from us additional Confidential Information and Trade Secrets during the term of the Franchise Agreement. The Confidential Information and Trade Secrets are valuable assets of ours and are disclosed to you on the condition that you, and your owners if you are a business entity, and employees agree to maintain the information in confidence by entering into a confidentiality agreement we can enforce.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 59–60)
What This Means (2025 FDD)
According to My Salon Suite's 2025 Franchise Disclosure Document, franchisees are granted the right to use the franchisor's proprietary and copyrighted information, referred to as "Copyrighted Materials," specifically for the operation of their franchised business. These Copyrighted Materials include the information in the Franchise Operations Manual, the designs contained in the Marks, the layout of advertising materials, and the content and format of products, as well as any other writings and recordings in print or electronic form. However, My Salon Suite retains sole ownership of these copyrights.
My Salon Suite may revise its Franchise System and any of its Copyrighted Materials at its discretion and may require franchisees to cease using any outdated Copyrighted Materials. Franchisees are responsible for printing any revised or new advertising, marketing, or other business materials. Franchisees must also notify My Salon Suite within three days if they become aware of any unauthorized use of their Copyrighted Materials or if someone challenges their use of these materials.
My Salon Suite maintains control over any legal action to protect its Copyrighted Materials, and franchisees must assist in these efforts. Franchisees cannot contest My Salon Suite's rights to its Copyrighted Materials and must communicate exclusively with My Salon Suite or its representatives regarding any infringement, challenge, or claim. This ensures that My Salon Suite maintains consistent brand standards and legal protection across all franchise locations.