Under what circumstances can an Anago franchisee remove collateral from the premises?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
inty in this matter and agree that the liquidated damages are reasonable and are not a penalty.
SECTION 4.13 CESSATION OF SERVICE TO CLIENTS ONLY.
You will surrender, as directed by the Regional Office or the Client, all keys, codes and pass cards to Our Clients' facilities, after the completion of the last scheduled day of service. You will remove only equipment and supplies belonging to You.
ARTICLE 5 - PROPRIETARY PROPERTY
SECTION 5.1 YOUR USE OF THE PROPRIETARY PROPERTY.
You may use the Proprietary Property only in accordance with standards and specifications We determine. You agree that:
- (a) You will use the Proprietary Property only for the operation of the Anago Unit Franchise;
- (b) You will use the Proprietary Marks as the sole service mark identifications for the Anago Unit Franchise and will display prominently the Proprietary Marks on and/or with all materials We designate and authorize, and in the manner, We require;
- (c) You will not use the Proprietary Property as security for any obligation or indebtedness;
- (d) You will comply with Our instructions in filing and maintaining any required fictitious, trade or assumed business name registrations for the "Anago" trade name, for example, John Jones d/b/a "Anago" or ABC, Inc. d/b/a "Anago;"
- (e) You will sign all documents We or Our counsel deems reasonably necessary to obtain protection for the Proprietary Property and Our interest in the property;
- (f) You shall not register or use any domain name or URL that contains, uses or displays the words "Anago Cleaning Systems" or any portion thereof, or the initials "ACS," or any Proprietary Marks, or other related or confusingly similar words or symbols, unless You first receive Our written consent. You may not use Proprietary Mark or any derivation of the Proprietary Marks on the Internet, in any electronic advertising or on social media, without Our prior written consent. You may not use any other trade name or marks at your Unit Franchise business, or in connection with your Unit Franchise business without Our express written consent;
- (g) If You do not operate Your Anago Unit Franchise out of Your residence but instead occupy a business premises, You will maintain a suitable sign or graphics package at, or near the front of the Premises, on any pylon sign, building directory or other area identifying the Premises only as "Anago." The signage must conform in all respects to Our requirements except to the extent prohibited by local governmental restrictions or landlord regulations; and
- (h) You will exercise caution when using the Proprietary Property to ensure that the Proprietary Property is not jeopardized in any manner.
SECTION 5.2 INFRINGEMENT BY YOU.
You agree that the use of the Proprietary Property outside the scope of this Agreement, without Our written consent, is an infringement of Our rights in the Proprietary Property. You agree that during the Term, and after the expiration or termination of this Agreement, You will not, directly or indirectly, commit an act of infringement or contest or aid in contesting the validity of, or Our right to, the Proprietary Property, or take any other action in derogation of Our rights.
SECTION 5.3 CLAIMS AGAINST THE PROPRIETARY PROPERTY.
If there is any claim of infringement, unfair competition or other challenge to Your right to use any Proprietary Property, or if You become aware of any use of, or claims to, any Proprietary Property by persons other than ACS, AFI, Us or Our Unit Franchisees, You will promptly (within 7 days) notify Us in writing. You will not communicate with anyone except Us and Our counsel on any infringement, challenge or claim except under judicial process. We have sole discretion as to whether We take any action on any infringement, challenge or claim, and the sole right to control any litigation or other proceeding involving any infringement of, challenge or claim to any Proprietary Property. You must sign all documents, render all assistance, and do all acts that Our attorneys deem necessary or advisable in order to protect and maintain Our interest in any litigation or proceeding involving the Proprietary Property or otherwise to protect and maintain Our interests in the Proprietary Property.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, an Anago franchisee's ability to remove collateral from their premises is not explicitly detailed. However, the FDD does state that the franchisee cannot use the Proprietary Property as security for any obligation or indebtedness.
Section 4.9 discusses inspections, stating that Anago may remove samples of products, supplies, and materials in amounts reasonably necessary for inspection and record-keeping. This clause allows Anago to temporarily remove items from the franchisee's premises for quality control purposes.
While the document outlines Anago's rights to remove samples for inspection, it does not specify circumstances under which a franchisee can remove collateral. A prospective franchisee should seek clarification from Anago regarding the specific policies and procedures related to collateral and its removal from the premises, as this is not fully addressed in the provided excerpts.