Upon termination of a Bananas Smoothies Frozen Yogurt franchise, when must the franchisee de-identify the premises?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees, that upon termination or expiration, Franchisee shall de-identify the Premises and shall not, in the event Franchisee continues to operate or subsequently begins to operate the Restaurant, not to use any reproduction, counterfeit, copy or colorable imitation of the Marks either in connection with such other business or the promotion thereof, which is likely to cause confusion, mistake or deception, or which is likely to dilute Franchisor's exclusive rights in and to the Marks and further agrees not to utilize any trade dress or designation of origin or description or representation which falsely suggests or represents an association or connection with Franchisor so as to constitute unfair competition.
Franchisee shall make modifications or alterations to the Restaurant Premises (including, without limitation, the changing of the telephone number) immediately upon termination or expiration of this Agreement as may be necessary to prevent the operation of any business thereon by Franchisee or others in derogation of this Section 20, and shall make such specific additional changes thereto to comply with the requirements of this Section.
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, upon termination or expiration of the franchise agreement, the franchisee must immediately de-identify the premises. This means the franchisee must promptly remove all branding and indicia that identify the location as a Bananas Smoothies Frozen Yogurt franchise.
De-identifying the premises involves making modifications or alterations to the restaurant location, including changing the telephone number, to prevent the operation of any business that could be seen as a continuation of the Bananas Smoothies Frozen Yogurt franchise or that infringes on the franchisor's trademarks. The franchisee must not use any reproductions or imitations of the Bananas Smoothies Frozen Yogurt marks that could cause confusion or dilute the franchisor's rights.
This requirement is crucial for protecting the Bananas Smoothies Frozen Yogurt brand and preventing unfair competition. By ensuring a clear distinction between the former franchise location and any subsequent business, the franchisor maintains control over its brand identity and customer perception. The franchisee bears the responsibility for these de-identification costs.