Upon termination of the Bang Cookies agreement, what must a franchisee immediately cease?
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,
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 immediately cease several activities. Specifically, the franchisee must permanently stop operating as a Bang Cookies franchise owner and cease operating the shop under the Bang Cookies system. This means they can no longer use the Bang Cookies brand or business model for that location.
Furthermore, the franchisee must refrain from representing themselves as a current or former Bang Cookies franchisee to any person or entity. This prevents any potential confusion or misrepresentation of affiliation with the Bang Cookies brand after the agreement ends. They also must cease using the Bang Cookies system in any manner, including confidential information, licensed marks, business management system data, and the operations manual. This extends to methods, procedures, techniques, and system supplies, ensuring the franchisee does not leverage Bang Cookies's proprietary assets.
Additionally, the franchisee is prohibited from using approved services and products, as well as any advertising, marketing, media, and other information associated with Bang Cookies. This includes confidential 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 things associated with Bang Cookies. This comprehensive cessation ensures the complete separation of the franchisee from the Bang Cookies brand and system after termination.