Does termination of the B Bops franchise agreement release the franchisee from any obligations?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
ON OR EXPIRATION. Upon termination of this Agreement, or upon expiration of the Term of this Agreement without renewal, Franchisee agrees as follows:
- A. Franchisee shall no longer be entitled to operate a B-Bop's Restaurant on the Franchise Premises or at any other location, nor in any other manner at any location whatsoever utilize all or any portion of the Licensed System (including, but not limited to, the proprietary recipes) or any of the Licensed Marks, provided that termination or expiration of this Agreement shall not affect the right of Franchisee to operate any other B-Bop's Restaurant in accordance with the terms of a franchise agreement between the parties;
- B. Franchisee shall cease to hold itself out to the public as being a B-Bop's Restaurant and shall avoid any other conduct which would suggest or indicate any relationship between Company and Franchisee, except to the extent permitted by paragraph A above;
- C. Franchisee shall pay Company or its affiliates on demand all fees and
amounts then owing to Company or its affiliates under the terms of this Agreement and any other amounts owing to Company or its affiliates under any other agreement relating to the Franchise;
- D. Franchisee shall immediately discontinue all use and display of the Licensed Marks and shall remove from the Franchise Premises any and all signs, emblems, fixtures, furniture, supplies, promotional materials, stationery, printed forms or other materials which display any of the Licensed Marks or feature any of the distinguishing characteristics of the Licensed System;
- E. Franchisee shall, at its sole expense, immediately make such modifications to the exterior and interior of the Franchise Premises as Company shall reasonably request to effectively distinguish the Franchise Premises from its former appearance and from the appearance of any other B-Bop's Restaurant, including, without limitation, discontinuing use of the unique blue color scheme which is a distinguishing characteristic of the Licensed System. If Franchisee shall fail to make such modifications in a reasonable period of time, Company or its agents may enter the Franchise Premises, without liability for trespass or other tort or for damages to property of Franchisee, and make such modifications at Franchisee's expense and Franchisee shall reimburse Company on demand for any reasonable expenses incurred in effecting such modifications in accordance with the provisions of Section 26(B) hereof;
- F. Franchisee shall immediately return to Company all confidential information provided to Franchisee during the Term hereof (including, but not limited to, the Operations Manual) and immediately cease any and all further use of such information for any purpose whatsoever;
- G. Franchisee shall utilize the Franchise Premises only in a manner consistent with the covenant not to compete contained in Section 17 hereof and otherwise observe the provisions of such Section;
- H. Franchisee shall assign to Company (or its designee) all telephone numbers issued for the Franchise and any telephone directory listings or yellow page display advertisements associated therewith and shall authorize the telephone company to transfer such numbers, listings and advertisements to Company (or its designee); and
- I. Termination or expiration of this Agreement shall not release or relieve Franchisee of any obligations hereunder, nor shall such termination or expiration constitute a waiver by Company of any claim against Franchisee with respect to the Franchise or this Agreement. Company shall be entitled to all rights and remedies available at law or in equity with respect to any claim against Franchisee. All obligations of Franchisee which expressly or by their nature survive the termination or expiration of this Agreement shall continue in full force and effect subsequent to and notwithstanding termination or expiration hereof.
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- REMEDIES. In addition to the right to terminate this Agreement, Company shall be
entitled to exercise the following remedies:
- A. Injunctive Relief. Franchisee agrees that in the event of an anticipatory, threatened or actual breach of any of the covenants, agreements, terms or conditions of this Agreement by Franchisee, Company, in addition to any other remedy available hereunder or by law, shall be entitled forthwith to apply for and receive from any court of competent jurisdiction equitable relief by way of restraining order, injunction or otherwise, to prevent a breach of the terms of this Agreement, or by way of specific performance to enforce performance of the terms of this Agreement, plus reimbursement for costs, including attorneys' fees, incurred in the securing of such relief.
- B. Nonperformance by Franchisee.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to B Bops's 2025 Franchise Disclosure Document, termination of the franchise agreement does not release the franchisee from all obligations. Several obligations continue even after termination or expiration of the agreement.
Specifically, the franchisee must immediately stop operating as a B Bops restaurant, discontinue using the Licensed Marks, and modify the Franchise Premises to differentiate it from other B Bops locations. The franchisee is also responsible for paying all outstanding fees and amounts owed to B Bops or its affiliates.
Furthermore, a non-compete clause restricts the franchisee from engaging in a similar business within a 20-mile radius of the former B Bops location or any other B Bops restaurant for two years following termination or expiration. The franchisee is also prohibited from soliciting B Bops' employees or customers during this period. These obligations are designed to protect B Bops' interests in its Licensed System and Licensed Marks, even after the franchise agreement ends. The obligation of confidentiality also survives the termination or expiration of the Agreement.