Under what circumstances must a My Salon Suite franchisee discontinue the use of proprietary marks?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
If Franchisor determines in its sole discretion that it is advisable or necessary to discontinue,supplement or otherwisemodify any ofthe Proprietary Marks
used in connection with the Franchised Business and/or System, including using one or more substitute or additional marks, trade names or other commercial symbols, Franchisor will provide Franchisee with written notice of this determination and directives for implementing any such change in the Proprietary Marks.
Franchisee agrees and acknowledges that it must comply with Franchisor's directives within ten (10) business days of receiving notice from Franchisor, unless Franchisor directs Franchisee that the change must be made immediately to resolve any third-party claim or dispute regarding the Proprietary Marks.
Franchisor will not be required to reimburse Franchisee for any expenses it incurs in connection with: (i) modifying or discontinuing the use of a Proprietary Mark; (ii) any alleged loss of goodwill associated with any modified or discontinued Proprietary Mark; or (iii) for any expenditures made by Franchisee to promote a modified or substitute trademark or service mark.
Source: Item 23 — RECEIPTS (FDD pages 95–230)
What This Means (2025 FDD)
According to the 2025 My Salon Suite Franchise Disclosure Document, a franchisee must discontinue the use of proprietary marks if My Salon Suite determines it is advisable or necessary to discontinue, supplement, or otherwise modify any of the Proprietary Marks used in connection with the Franchised Business and/or System. This includes using one or more substitute or additional marks, trade names, or other commercial symbols.
My Salon Suite will provide the franchisee with written notice of this determination and directives for implementing any such change in the Proprietary Marks. The franchisee is then obligated to comply with My Salon Suite's directives within ten business days of receiving notice, unless My Salon Suite directs that the change must be made immediately to resolve any third-party claim or dispute regarding the Proprietary Marks.
It is important to note that My Salon Suite is not required to reimburse the franchisee for any expenses incurred in connection with modifying or discontinuing the use of a Proprietary Mark, any alleged loss of goodwill associated with any modified or discontinued Proprietary Mark, or for any expenditures made by the franchisee to promote a modified or substitute trademark or service mark. This means the franchisee bears the financial risk of rebranding or changing marketing materials at the direction of the franchisor.