What advertising materials associated with Bang Cookies must be ceased upon termination?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
hout limitation as to any other Article or provision of this Agreement, upon expiration or termination of this Agreement for any reason, Franchisee shall immediately pay to Franchisor all sums and fees due from Franchisee to Franchisor under the terms of this Agreement including, but not limited to Royalty Fees and Advertising Contributions and all other sums and fees due from Franchisee to Franchisor and/or Franchisor affiliates and/or suppliers for products and services including, but not limited to, System Supplies.
17.B. CEASE OPERATIONS AND PROTECTION OF THE SYSTEM
Upon expiration, termination, or Transfer of this Agreement for any reason, Franchisee shall immediately:
- (1) Permanently cease to be a franchise owner of the Shop that was the subject of this Agreement and cease to operate such Shop under the System;
- (2) Refrain from directly or indirectly, holding oneself/itself out to any person or entity, or represent themselves/itself as a present or former Bang Cookies franchisee;
- (3) Permanently cease to use, in any manner: (a) the System including, without limitation, the Confidential Information, the Licensed Marks, the Business Management System Data, and the operations manual; (b) any methods, procedures, or techniques associated with the System in which Franchisor possesses proprietary rights or constitute Franchisor's trade secrets;
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, upon termination of the Franchise Agreement, a franchisee must cease using all advertising, marketing, and media associated with Bang Cookies. This includes any information, documents, or things related to the franchisor, the Bang Cookies system, the Licensed Marks, Bang Cookies Shops, and the franchisee's former Bang Cookies Shop. This encompasses confidential and proprietary methods, procedures, product descriptions, techniques, trade secrets, proprietary marks, distinctive forms, slogans, symbols, signs, stationary, advertising material, articles, logos, devices, items, and all other tangible or intangible assets associated with Bang Cookies.
This requirement ensures that the franchisee no longer represents themselves as part of the Bang Cookies franchise system and prevents any potential misuse of the brand's intellectual property and operational methods. The franchisee is essentially cut off from using any aspect of the Bang Cookies brand identity or system that could create confusion or unfair competition.
For a prospective Bang Cookies franchisee, this means understanding that upon termination, they must completely rebrand their business and remove all traces of the Bang Cookies identity. This includes physical signage, marketing materials, and any online presence associated with the franchise. Failure to comply with these requirements could result in legal action from Bang Cookies to protect its brand and system.