Under what condition must a Beard Papas franchisee modify or discontinue use of materials?
Beard_Papas Franchise · 2025 FDDAnswer from 2025 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) Directly or indirectly, hold itself out to any person or entity, or represent itself, as a present or former Beard Papa's Shop 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 that 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, Beard Papa's Shops, the Franchised Business, and Franchisee's former Beard Papa's Shop, including, without limitation, any confidential, proprietary methods, procedures, descriptions of products, techniques, trade secrets, recipes, 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 Beard Papa's 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
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 42)
What This Means (2025 FDD)
According to Beard Papas's 2025 Franchise Disclosure Document, a franchisee must immediately cease using the System, Licensed Marks, System Supplies, and Approved Services and Products upon the expiration, termination, or transfer of the Franchise Agreement for any reason. This includes ceasing to operate as a Beard Papa's franchise owner and refraining from representing themselves as a current or former franchisee.
Specifically, the franchisee must discontinue using the confidential information, licensed marks, business management system data, and operations manual. They must also stop using any methods, procedures, or techniques associated with the Beard Papa's system in which Beard Papa's possesses proprietary rights or that constitute trade secrets. This extends to ceasing communication with or ordering products from Beard Papa's designated suppliers and vendors of system supplies.
Furthermore, the franchisee is required to discontinue the use of any advertising, marketing, media, and other information associated with Beard Papa's. This includes confidential methods, procedures, product descriptions, techniques, trade secrets, recipes, proprietary marks, distinctive forms, slogans, symbols, signs, stationary, advertising material, articles, logos, devices, items, and all other tangible or intangible things associated with Beard Papa's. In addition to ceasing use, the franchisee must return the Operations Manual, Confidential Information, and all other confidential materials and property owned by Beard Papa's.