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Hi,

The manager of a local Pizza shop, which belongs to a national-chain, asked me to embroider polo shirts for him. Is there any legal issues here? Do I need to get some "authorization" from the chain? and what kind, if any, document (or contract) do I need from the manager?

Thanks!

Mike
 

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Mike, I'm not a lawyer but if your doing it for a franchisee 20 - 30 shirts there not going to come after you. I know its hard to believe but there's not really a fashion police.
John
 

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I would absolutely make sure you have the correct permissions to print a protected logo. If it is a franchise, sometimes there is an agreement in the franchise to have a certain company provide promotional items. It could get you into trouble without the permission needed. Remember we can only give you advice here, as we are not lawyers :) but I would make sure they have the right to have that image printed to protect yourself. It shouldnt be difficult for them to show you that :)
 

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Hey Mike,

The following info is pulled from an article by the SBA. I am only supplying the info as an aid to help you get closer to your answer. This is not an actual answer, and I did not sleep in a Holiday Inn Express last night. Lol.

I'll give you a link to the page, and I am going to bold the part that seems to apply to your question. This article is to help a business person decide if they want to go into a franchise. One of the questions relates to your own question.

Reading below, it seems whether or not the Pizza place must buy from a particular supplier, or are able to contract their own suppliers will vary according to their particular contract with the franchiser.

The answer, it seems, will be in the contract between the Pizza place and the franchiser.

You'll likely need to decide if you are going to establish a company policy on how you will handle these situations, such as: A photocopy of that portion of the contract for the job/customer file (hey, there may be future orders if it is allowable, and one copy covers all future orders as well.) Will you decide if they say it is OK in the contract, that is good enough for you. Will you have a lawyer review it? Whatever you decide is up to you. Good luck to you, here is the link:

Evaluating Franchise Opportunities: Management and Planning Series

PS: If your shirts are excellent, and the franchise down the road decides to get jealous and try to stop you and claim you aren't allowed to make those, would it be nice to have a copy in writing showing you are? I notice in the article below, one of the questions is competing with other franchises. Again, good luck to you, I hope it works out no matter what route you take. :)


What Is the Franchise Package?



Bring all your information and resources together as you examine the contract. Think carefully about the level of independence you will maintain as a franchisee. How comprehensive are the operating controls? Be very clear about the full costs of purchasing the franchise. Involve your attorney, accountant and/or business advisor as you examine these questions.
  • What is the full initial cost? What does it cover?<LI style="LIST-STYLE-TYPE: none">
    • Licensing fee?
    • Land purchase or lease?
    • Building construction or renovation?
    • Equipment?
    • Training?
    • Starting inventory?
    • Promotional fees?
    • Use of operations manuals?
  • What ongoing costs are paid to the franchiser?<LI style="LIST-STYLE-TYPE: none">
    • Royalties?
    • Ongoing training?
    • Cooperative advertising fees?
    • Insurance?
    • Interest or financing?
  • Are you required to purchase supplies from the franchiser or a designated supplier? Are the prices competitive with other suppliers?
  • What, if any, restrictions apply to competition with other franchises?
  • What are the terms covering renewal rights? Reselling the franchise?
 

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my policy is if the design is...or part of..a trademark..I just will not do it without permission period. I recently had an order for 100 sublimated cups for a national oil company and I would not do it but the requesting region gave me a written authorization for THIS project ONLY...signed by a vice pres of parent company..so all went well..

The one company that I have never been able to do their logo...even for an authorized sales agent...is State Farm Ins Co maybe they have changed in recent years but a few years ago I was unsuccessful...so I did the item with the persons name listed his company as a State Farm Agency...that was okay
 
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