What happens to the Alloy franchise agreement itself upon expiration or termination?
Alloy Franchise · 2025 FDDAnswer from 2025 FDD Document
t to develop hereunder, terminate or reduce the Development Territory, repurchase any Facilities open by you under this Agreement or exercise any other rights and remedies that we may have under the law.
RIGHTS AND DUTIES OF PARTIES UPON TERMINATION OR EXPIRATION
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- Upon termination or expiration of this Agreement, all rights granted to you will automatically terminate, and:
- A. All remaining rights granted to you to develop Facilities under this Agreement will automatically be revoked and will be null and void. You will not be entitled to any refund of any fees. You will have no right to develop or operate any business for which a Franchise Agreement has not been executed by us. We will be entitled to develop and operate, or to franchise others to develop and operate, ALLOY Facilities in the Development Territory, except as may be otherwise provided under any Franchise Agreement that has been executed between us and you and that has not been terminated.
- B. You must immediately cease to operate your business under this Agreement and must not thereafter, directly or indirectly, represent to the public or hold yourself out as a present or former developer of ours except in connection with the business operations of any existing, Facilities that have been developed prior to the termination of this Agreement and that are still operating under a valid Franchise Agreement.
- C. Except as specifically permitted under any then-effective Franchise Agreement, you must take such action as may be necessary to cancel or assign to us or our designee, at our option, any assumed name or equivalent registration that contains the name or any of the words ALLOY or any other Trademark of ours, and you must furnish us with evidence satisfactory to us of compliance with this obligation within 30 days after termination or expiration of this Agreement.
- D. Except as specifically permitted under any then-effective Franchise Agreement, you must assign to us or our designee all your right, title, and interest in and to your telephone numbers and must notify the telephone company and all listing agencies of the termination or expiration of your right to use any telephone number in any regular, classified or other telephone directory listing associated with the Trademarks and to authorize transfer of same at our direction.
- E. You must within 30 days of the termination or expiration pay all sums owing to us and our affiliates.
All unpaid amounts will bear interest at the rate of 12% per annum or the maximum contract rate of interest permitted by governing law, whichever is less, from and after the date of accrual. In the event of termination for any default by you, the sums due will include all damages, costs, and expenses, including reasonable attorneys' fees and expenses, incurred by us as a result of your default. You also must pay to us all damages, costs and expenses, including reasonable attorneys' fees and expenses, that we incur subsequent to the termination or expiration of this Agreement in obtaining injunctive or other relief for the enforcement of any provisions of this Agreement.
- F. If this Agreement is terminated, you may continue to operate, pursuant to the terms of the applicable Franchise Agreement(s), any Facility(s) open and operating at the time of the termination of this Agreement, unless the termination of this Agreement constitutes a termination under the terms of the separate Franchise Agreement for the Facility.
Source: Item 23 — RECEIPTS (FDD pages 69–245)
What This Means (2025 FDD)
According to Alloy's 2025 Franchise Disclosure Document, upon the termination or expiration of the franchise agreement, all rights granted to the franchisee automatically terminate. The franchisee must immediately cease operating the business under the Alloy agreement and cannot represent themselves as a current or former developer of Alloy, except concerning business operations of existing facilities operating under a valid franchise agreement.
Specifically, the franchisee must cancel or assign to Alloy any assumed name registrations containing the Alloy name or trademarks, providing evidence of compliance within 30 days of termination or expiration. The franchisee must also assign all rights, titles, and interests in telephone numbers to Alloy, notifying the telephone company and listing agencies to authorize the transfer. All sums owed to Alloy and its affiliates must be paid within 30 days of termination or expiration.
If a franchisee continues to accept the benefits of the agreement after expiration without exercising their option to renew, Alloy can choose to treat the agreement as either expired, with the franchisee operating without rights, or continued on a month-to-month basis (an "Interim Period"). During this Interim Period, all obligations remain in effect, and restrictions imposed upon expiration take effect upon termination of the Interim Period, which occurs 30 days after written notice of termination is provided by either party.