What must an Aw franchisee do with all signs and advertising materials containing the Marks after termination or expiration of the Franchise Agreement?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
- 16.2 The Marks. You (and your Owners) agree that after the termination or expiration (without renewal) of this Agreement you will:
- (a) not directly or indirectly at any time or in any manner identify yourself or any business as a current or former Papa Ray's Pizza Restaurant, or as a franchisee or licensee of or as otherwise associated with us, or use the Marks, any colorable imitation thereof or other indicia of a Papa Ray's Pizza Restaurant in any manner or for any purpose, or utilize for any purpose any trade name, trademark, service mark, trade dress, domain name, or other commercial symbol that suggests or indicates a connection or association with us;
- (b) promptly return to us or destroy (whichever we specify) all signs, sign-faces, promotional and advertising materials and other materials containing the Marks or otherwise identifying or relating to a Papa Ray's Pizza Restaurant;
- (c) promptly take such action as may be required to cancel all fictitious or assumed name, "doing business as" or equivalent registrations relating to your use of the Marks;
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, upon termination or expiration of the franchise agreement, a franchisee must not identify themselves as a current or former Aw franchisee. Specifically, the franchisee must not use Aw's Marks or any similar imitations.
Furthermore, the Aw franchisee is required to either return or destroy all signs, promotional materials, advertising, and other materials that contain Aw's Marks or relate to an Aw restaurant. The choice between returning or destroying these items is at Aw's discretion. The franchisee must also cancel any registrations related to the use of Aw's Marks, such as "doing business as" registrations.
These stipulations are typical in franchise agreements to protect the brand's identity and prevent confusion after a franchise relationship ends. Additionally, Aw has the option to purchase any signs and items bearing the Marks from the franchisee at the franchisee's cost or fair market value, whichever is less.