When vacating the premises or upon termination of the Franchise Agreement or Lease, what is an Apricot Lane franchisee required to remove?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
Upon vacating the Lease premises, or termination of the Franchise Agreement or Lease (whichever occurs first), Tenant must remove all signs and materials bearing any of the marks or logos.
If FRANCHISOR or its designee does not receive an assignment of the Premises lease and possession of the Premises under Section 19.C above, FRANCHISEE shall at its own expense remove all exterior and interior signage or other items bearing any of the Marks and make such modifications or alterations to the Premises as may be necessary to prevent any association with FRANCHISOR or the System and any business thereon subsequently operated by FRANCHISEE or others, and shall make such specific additional changes thereto as FRANCHISOR may reasonably request for that purpose, including, without limitation, removal of all distinctive physical and structural features identifying the System. In the event FRANCHISEE fails or refuses to comply with the requirements of this paragraph, FRANCHISOR shall have the right to enter upon the Premises where the Franchised Business was conducted, without being guilty of trespass or any other tort, for the purpose of making or causing to be made such changes as may be required at the expense of FRANCHISEE, which expense FRANCHISEE shall pay upon demand.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, when vacating the premises or upon termination of the Franchise Agreement or Lease, the franchisee is required to remove all signs and materials bearing any of the marks or logos. Additionally, the franchisee must remove all exterior and interior signage or other items bearing any of the Marks. They must also make modifications or alterations to the Premises as may be necessary to prevent any association with Apricot Lane or the System and any business thereon subsequently operated by the franchisee or others, and shall make such specific additional changes thereto as Apricot Lane may reasonably request for that purpose, including, without limitation, removal of all distinctive physical and structural features identifying the System.
This means that an Apricot Lane franchisee is responsible for ensuring that the vacated premises no longer resemble an Apricot Lane store. This includes removing not only obvious branding elements like signs and logos but also any distinctive design features that are characteristic of the Apricot Lane system. The franchisee bears the expense of these removals and alterations.
If the franchisee fails to comply with these requirements, Apricot Lane has the right to enter the premises and make the necessary changes at the franchisee's expense. This provision protects Apricot Lane's brand identity and prevents potential confusion or misrepresentation after a franchise agreement ends. It is a fairly standard clause in franchise agreements to ensure consistent brand representation and prevent misuse of the franchisor's intellectual property.