After termination or expiration of the Aw franchise agreement, can a franchisee identify their business as a former Aw franchise?
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;
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to the 2025 Aw Franchise Disclosure Document, franchisees are prohibited from identifying their business as a current or former Aw franchise after the termination or expiration of the franchise agreement. This restriction extends to any association with Aw, including the use of Aw's trademarks or any similar identifying marks.
Specifically, the franchisee must not directly or indirectly identify themselves or their business as a current or former Papa Ray's Pizza Restaurant, or as a franchisee or licensee of Aw, or as otherwise associated with Aw. They are also barred from using Aw's marks, any imitation of those marks, or any other symbols that suggest a connection with Aw. This includes trade names, trademarks, service marks, trade dress, domain names, or other commercial symbols.
This provision is designed to protect Aw's brand and prevent confusion among customers. It ensures that former franchisees do not benefit from Aw's reputation after their franchise agreement ends. Franchisees must also remove all signs and materials that identify the location as a former Aw franchise.
In addition to ceasing operations as an Aw franchise, franchisees must take steps to de-identify the premises to prevent any association with Aw. This may involve physical alterations to the building to remove distinctive features associated with the Aw system. Aw has the right to enter the premises to make these changes at the franchisee's expense if the franchisee fails to do so.