If I am terminating my Aw franchise, am I required to cease using the Marks?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
| PROVISION | SECTION | SUMMARY |
|---|---|---|
| IN FRANCHISE AGREEMENT | ||
| h. "Cause" defined – non-curable defaults | Section 15.1 | Failure to locate site or open Papa Ray's Pizza Restaurant in time required, failure to satisfactorily complete initial training, abandonment, cease operating for 2 or more days, material misrepresentations, conviction of a felony, dishonest or unethical conduct, unauthorized transfers, unauthorized use or disclosure of confidential information or Operations Manual, unauthorized use of Marks, having interest in competing business, creation of a threat to public health or safety not corrected within 24 hours, 3 or more defaults in any 12 month period, failure to attend training or conference 2 or more times, filing for bankruptcy relief. |
| i. Your obligations on termination/ non-renewal | Section 16 | Pay outstanding amounts, cease operating, cease using Marks, return items containing Marks, cancel fictitious names, transfer telephone number to us, return of confidential information, assign lease at our option or de identify the restaurant premises (see also o. and r. below) |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 34–36)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, if you terminate your franchise agreement, you are required to cease using the Marks. Specifically, Item 17 outlines the franchisee's obligations upon termination or non-renewal of the franchise agreement. These obligations are detailed in Section 16 of the Franchise Agreement.
Upon termination or non-renewal, Aw franchisees must stop operating the business, discontinue using Aw's Marks, and return any items containing those Marks. Additionally, franchisees are required to cancel any fictitious names associated with the franchise and transfer the telephone number to Aw. Franchisees must also return any confidential information to Aw.
Furthermore, Aw has the option to require the franchisee to assign the lease for the restaurant premises to Aw or, alternatively, to de-identify the restaurant premises to remove any association with the Aw brand. These obligations are intended to protect Aw's brand and ensure a consistent brand image, even after a franchise location ceases to operate under the Aw name.