What is the purpose of modifying the former Bang Cookies shop after termination?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
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; (c) System Supplies, including communicating with or ordering products from Franchisor's designated suppliers and vendors of System Supplies; (d) the Approved Services and Products; and (e) any other advertising, marketing, media, and any other information, documents or things associated with Franchisor, the System, the Licensed Marks, Bang Cookies Shops, the Franchised Business, and Franchisee's former Bang Cookies Shop, including, without limitation, any confidential, proprietary methods, procedures, descriptions of products, techniques, trade secrets, proprietary marks, distinctive forms, slogans, symbols, signs, stationary, advertising material, articles, logos, devices, items and all other things, tangible or intangible, associated with Franchisor, the System,
the Licensed Marks, and Bang Cookies Shops;
- (4) Return to Franchisor the operations manual (including any and all parts, supplements, and copies of the operations manual), the Confidential Information (including without limitation the Business Management System Data and all customer lists and information), and all other confidential materials, equipment, software, information, and property owned by Franchisor and all copies thereof provided, however, that Franchisee may retain Franchisee's copies of this Agreement, correspondence between Franchisor and Franchisee, but not including Confidential Information that may be contained in or attached thereto, and other documents that Franchisee needs to retain pursuant to applicable law;
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to the 2024 Bang Cookies Franchise Disclosure Document, upon the termination or expiration of the franchise agreement, the franchisee must cease operating as a Bang Cookies franchise. This means they can no longer represent themselves as a current or former Bang Cookies franchisee.
The franchisee is required to discontinue all use of the Bang Cookies system, which includes confidential information, licensed marks, the business management system data, and the operations manual. They must also stop using any methods, procedures, or techniques associated with the Bang Cookies system, especially those in which Bang Cookies possesses proprietary rights or considers trade secrets. This extends to system supplies, approved services and products, and any advertising or marketing materials associated with Bang Cookies.
Furthermore, the franchisee must return the operations manual, confidential information (including business management system data and customer lists), and all other confidential materials and equipment owned by Bang Cookies. The purpose of these modifications and cessation of operations is to ensure the protection of the Bang Cookies system, brand, and confidential information, preventing any potential misuse or unfair competition after the franchise agreement ends.