What is a Southern Steer franchisee obligated to do to safeguard the reputation and prestige of the Marks, System, and Confidential Information?
Southern_Steer Franchise · 2025 FDDAnswer from 2025 FDD Document
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- (a) License and Limitation of Use. The Franchisor hereby grants to the Franchisee the nonexclusive personal right to use the Marks, System, Confidential Information, Trade Secrets, Brand Manual, Website, URLs containing the Marks or any portion thereof and other proprietary information provided to Franchisee by Franchisor, its Affiliates or on behalf of Franchisor or its Affiliates in accordance with the provisions of this Agreement and as permitted by Franchisor. Franchisee will only use the Marks, System, Confidential Information, Trade Secrets, Brand Manual, Website, URLs containing the Marks or any portion thereof and other proprietary information provided to Franchisee by Franchisor, its Affiliates or on behalf of Franchisor or its Affiliates in the identification, marketing, promotion and operation of Franchisee's Southern Steer Business during the Initial Term and Interim Period and only in compliance with this Agreement and Franchisor's rules and guidelines set out in the Brand Manual. Franchisee further acknowledges and agrees that Franchisee must obtain Franchisor's prior approval before using the Marks, System, Confidential Information, Trade Secrets, Brand Manual, Website, URLs containing the Marks or any portion thereof and other proprietary information provided to Franchisee by Franchisor, its Affiliates or on behalf of Franchisor or its Affiliates for purposes outside Franchisor's typical marketing purposes.
- (b) Business Identification. Except as provided in Section 15.3(b) or otherwise in this Agreement, Franchisee will use the trademark "SOUTHERN STEER BUTCHER" as the primary identification of Franchisee's Southern Steer Business. But Franchisee agrees to identify itself as the independent owner and operator of Franchisee's Southern Steer Business in the manner prescribed by Franchisor in the Brand Manual. Franchisee will not identify itself in a manner which may mislead someone that Franchisee are an employee or agent of Franchisor. Franchisee agrees to prominently display the Marks in the manner prescribed by Franchisor in connection with Franchisee's Southern Steer Business's letterhead, marketing materials, advertising, forms and packaging. Franchisee further agrees to more prominently display the Marks over any secondary name or designation in identifying Franchisee's Southern Steer Business and related products and services.
- (c) Use of Marks with Other Trade Names. Franchisee will obtain Franchisor's approval in accordance with the guidelines in the Brand Manual, which may be withheld in Franchisor's sole discretion, before using Franchisee existing trade name or business name in conjunction with the use of the Marks. Franchisee will also obtain Franchisor's prior approval in accordance with the guidelines in the Brand Manual before using the Marks to co-sponsor an event that involves the use of the corporate name, trademark or other name, logo or symbol of a third party.
- (d) Use of Other Marks. If the Marks may not be used by Franchisee in all or part of the Protected Area in which Franchisee is to conduct Franchisee's Southern Steer Business, Franchisee agrees to use only such other name as Franchisor has approved in writing.
- (e) Notices. Franchisee will use all proper copyright and trademark notices when using the Copyrighted Material and Marks as set forth in the Brand Manual.
15.3. Prohibited Uses.
(a) Unauthorized Use*.* Franchisee is prohibited from any unauthorized use of the Marks, System, Confidential Information, Trade Secrets, Brand Manual, Website, URLs containing the Marks or any portion thereof and other proprietary information provided to Franchisee by Franchisor, its Affiliates or on behalf of Franchisor or its Affiliates. Any prohibited use by Franchisee will constitute an infringement of Franchisor's rights, including in connection with the sale of an unauthorized services or products or in a manner not authorized in writing by Franchisor. Franchisee acknowledges that any infringement will cause substantial harm to Franchisor, its Affiliates, other Southern Steer franchisees, licensees and other Franchisor's Southern Steer Businesses.
- (b) Prohibited Use In Trade Names; Corporate Names; URLs. Franchisee will not use any Marks, anything confusingly similar thereto, or any portion thereof as part of a corporate name, trade name or as a URL (unless provided to Franchisee by Franchisor), or with any prefix, suffix or other modifying words, terms, designs or symbols, or in any modified form.
- (c) Harm Image Or Goodwill. Franchisee will safeguard and maintain the reputation and prestige of the Marks, System, Confidential Information, Trade Secrets, Brand Manual, Website, URLs containing the Marks or any portion thereof and other proprietary information provided to Franchisee by Franchisor, its Affiliates or on behalf of Franchisor or its Affiliates. Franchisee will not do anything that would tarnish the image of or adversely affect or dilute the value, reputation or goodwill associated therewith nor counsel, procure or assist anyone else to do the same.
- (d) Prohibited Replication.
Source: Item 22 — ITEM. 22 CONTRACTS (FDD pages 61–168)
What This Means (2025 FDD)
According to the 2025 Southern Steer Franchise Disclosure Document, franchisees have several obligations to protect the brand's reputation, system, and confidential information. Southern Steer requires franchisees to use the Marks, System, Confidential Information, Trade Secrets, Brand Manual, Website, and URLs containing the Marks only for the identification, marketing, promotion, and operation of their Southern Steer Business during the Initial Term and Interim Period. This use must comply with the Franchise Agreement and Southern Steer's rules and guidelines in the Brand Manual. Franchisees must also obtain prior approval from Southern Steer before using these proprietary elements for purposes outside of typical marketing activities. Franchisees must use "SOUTHERN STEER BUTCHER" as the primary identification of their Southern Steer Business, while also identifying themselves as the independent owner and operator in the manner prescribed by Southern Steer in the Brand Manual.
Southern Steer franchisees must prominently display the Marks on letterheads, marketing materials, advertising, forms, and packaging, ensuring the Marks are more prominent than any secondary name or designation. Franchisees must also get approval before using their existing trade name or business name in conjunction with the Marks, as per the Brand Manual guidelines.
To prevent unauthorized use or disclosure of confidential information and trade secrets, Southern Steer franchisees or their Operating Principal and Designated Manager must adopt and implement all reasonable procedures prescribed by Southern Steer. They must also ensure that their owners, Designated Managers, employees, and agents do not reveal, communicate, sell, use, copy, reverse engineer, or disclose any Confidential Information and Trade Secrets, except as expressly authorized by the Franchise Agreement or in writing by Southern Steer. Disclosure is only permitted to employees, Designated Managers, and agents who need access to perform their job functions and operate the Southern Steer Business.
Upon termination or expiration of the Franchise Agreement, Southern Steer requires franchisees to immediately cease operating the Southern Steer Business and return all materials pertaining to the business, including the Brand Manual, menus, advertising materials, Confidential Information, Trade Secrets, and Marks. Franchisees must also notify callers that inquiries should be directed to another phone number specified by Southern Steer and remove all references to the Southern Steer Business, System, Confidential Information, Trade Secrets, and URLs containing the Marks from their materials.