Besides amounts owed, which articles of the Azal Coffee franchise agreement survive expiration or termination, specifically regarding intellectual property?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
ARTICLE 16 - EFFECT OF TERMINATION OR EXPIRATION
16.1 Your Obligations on Expiration or Termination.
If this Agreement expires or terminates for any reason (including termination on a transfer), your rights to use the Intellectual Property and the Franchise Systems and all other rights associated with being an authorized Azal Coffee franchisee will cease and you must do the following:
- (a) You must immediately and permanently discontinue the use of the Intellectual Property, the Confidential Information, the Franchise Systems, and any trademarks, names, and logos confusingly similar to the Marks or Trade Dress, and any other materials that may, in any way, indicate that you are or were an Azal Coffee franchisee, or in any way associated with us.
- (b) You must immediately discontinue all advertising placed or ordered. You must remove and deliver to us all sign faces, advertising and promotional material, letterhead, forms, and any other items containing the Intellectual Property or the Confidential Information. You are responsible for the cost of sign and other identification removal and the cost of shipping signs and other materials to us. If you remain in possession of the Franchise Location, you must alter the premises to distinguish the premises from the appearance of a Store.
- (c) You must cease using the Brand Standards Manual, the Confidential Information, and all other proprietary business information provided by us and must return to us all copies of the Brand Standards Manual, the Confidential Information, and other bulletins or other materials received from us containing information about the Intellectual Property and Stores.
- (d) You must immediately and permanently cease to use all telephone and fax numbers, email addresses, website addresses, domain names and other electronic media that have been used in the Franchise Business (the "Telephone Numbers" and "Electronic Media") and if requested by us, must assign some or all of these Telephone Numbers and Electronic Media to us. You acknowledge that as between you and us, we have the sole right to all Telephone Numbers and Electronic Media used in the Franchise Business and all written and online directory listings associated with the Franchise Business. You authorize us, and appoint us and any of our officers as your attorney-in-fact, to direct the applicable service providers and all listing agencies to transfer those items to us or our agent or assignee if you fail or refuse to do so.
Source: Item 22 — CONTRACTS (FDD page 51)
What This Means (2024 FDD)
According to the 2024 Azal Coffee Franchise Disclosure Document, upon expiration or termination of the franchise agreement, the franchisee's rights to use Azal Coffee's intellectual property and franchise systems immediately cease.
Specifically, the franchisee must discontinue all use of Azal Coffee's intellectual property, confidential information, franchise systems, trademarks, names, and logos that are confusingly similar to the brand's marks or trade dress. They must also halt all advertising and remove any materials containing Azal Coffee's intellectual property or confidential information, bearing the cost of removal and shipping of these items to Azal Coffee.
Furthermore, the franchisee is required to stop using the Brand Standards Manual, confidential information, and all other proprietary business information provided by Azal Coffee, returning all copies of these materials. They must also cease using all telephone and fax numbers, email addresses, website addresses, domain names, and other electronic media associated with the franchise business, and if requested, assign these to Azal Coffee. This ensures a clean break and prevents any potential confusion or misuse of Azal Coffee's brand assets after the franchise agreement ends.