On what page of the Red Wagon Club Franchise Agreement does Section 13, Marks, begin?
Red_Wagon_Club Franchise · 2024 FDDAnswer from 2024 FDD Document
This indemnity will continue in full force and effect subsequent to and notwithstanding this Agreement's expiration or termination. An Indemnified Party need not seek recovery from any insurer or other third party, or otherwise mitigate its losses and expenses, in order to maintain and recover fully a claim for indemnity under this Section. Franchisee agree that a failure to pursue a recovery or mitigate a loss will not reduce or alter the amounts that an Indemnified Party may recover under this Section.
13. MARKS.
13.A. OWNERSHIP AND GOODWILL OF MARKS.
Franchisee's right to use the Marks is derived only from this Agreement. Franchisee may only use the Marks to operate Franchisee's RWC Business according to this Agreement and in accordance with System Standards. Franchisee's unauthorized use of the Marks is a breach of this Agreement and infringes Franchisor's rights in the Marks. Franchisee's unauthorized use of the Marks will cause Franchisor irreparable harm for which there is no adequate remedy at law and will entitle Franchisor to injunctive relief. Franchisee acknowledges and agrees that Franchisee's use of the Marks and any goodwill established by that use are exclusively for Franchisor's benefit and this Agreement does not confer any goodwill or other interests in the Marks to Franchisee (other than the right to operate Franchisee's RWC Business under this Agreement). All provisions of this Agreement relating to the Marks apply to any additional proprietary trade and service marks Franchisor authorizes Franchisee to use. Franchisee may not at any time during or after the Term contest or assist any other person in contesting the validity of the Marks or Franchisor's ownership of the Marks.
13.B. LIMITATIONS ON FRANCHISEE'S USE OF THE MARKS.
Source: Item 22 — CONTRACTS (FDD page 47)
What This Means (2024 FDD)
According to the 2024 Red Wagon Club Franchise Disclosure Document, Section 13, which pertains to the brand's Marks, begins on an unspecified page within the Franchise Agreement. The excerpt provided includes the beginning of Section 13, Marks, but does not indicate the page number on which it appears in the agreement.
As a prospective franchisee, it's crucial to know the exact location of this section within the full agreement. This allows for easy reference and understanding of the terms related to the use and protection of Red Wagon Club's trademarks. The section outlines the franchisee's rights and responsibilities regarding the use of the Marks, including limitations and obligations.
To find the specific page number, a prospective franchisee should review the complete Franchise Agreement provided by Red Wagon Club. If the page number is not explicitly stated, they should ask the franchisor directly for clarification. Knowing the precise location of key sections like this one is essential for a thorough understanding of the franchise agreement and its implications.