Does the Beef O Bradys agreement state that its provisions survive any termination of the Franchise Agreement?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
17.2 Marks and De-Identification. Upon the termination or expiration of this Agreement:
- (a) Notification. You must notify us of your intent, and the date that you intend, to discontinue business of your Beef 'O' Brady's® Family Sports Pub. You agree that such notification does not release you from any obligations or liabilities under this Agreement.
- (b) Cease Identification as Licensee or Franchisee/Use of Marks. You may not directly or indirectly at any time or in any manner (except with respect to other Family Sports Pubs you own and operate) identify yourself or any business as a current or former Family Sports Pub, or as one of our licensees or franchisees, use any Mark, any colorable imitation of a Mark or other indicia of a Family Sports Pub in any manner or for any purpose or utilize for any purpose any trade name, trade or service mark or other commercial symbol that indicates or suggests a connection or association with us. Within ten (10) days of termination or expiration you are to deliver to us, at your own expense, all signs, sign-faces, signcabinets, marketing materials, forms and other materials containing any Mark or otherwise identifying or
relating to a Beef 'O' Brady's® Family Sports Pub. In our sole judgment, we may waive this requirement in writing provided that you provide a sworn Certificate of Destruction/De-identification detailing your compliance with these terms;
- (c) Cancel Fictitious Business Names.
You agree to take such action as may be required to cancel all fictitious or assumed name or equivalent registrations or licenses (including without limitation, any alcohol, city/state and health department licenses) relating to your use of any Mark and to provide us with a copy of business/fictitious name change documentation from the governing municipality within 15 days of the effective date of the termination/expiration of this Agreement;
Source: Item 23 — RECEIPTS. (FDD pages 66–330)
What This Means (2025 FDD)
According to the 2025 Beef O Bradys FDD, the franchise agreement specifies certain obligations that a franchisee must adhere to upon termination or expiration of the agreement. Specifically, the franchisee is required to notify Beef O Bradys of their intent to discontinue business, though this notification does not release them from any existing obligations or liabilities under the agreement.
Furthermore, upon termination or expiration, the franchisee is prohibited from identifying themselves as a current or former Beef O Bradys franchisee or using any of the brand's trademarks. Within ten days of termination or expiration, the franchisee must return all signs, marketing materials, and other items containing Beef O Bradys' marks. Beef O Bradys may, at its discretion, waive this requirement if the franchisee provides a sworn certificate detailing their compliance with these terms.
Additionally, the franchisee is responsible for canceling any fictitious business names or equivalent registrations related to the use of Beef O Bradys' marks and providing documentation of this cancellation to Beef O Bradys within 15 days of the termination or expiration date. These measures ensure that the franchisee ceases all association with the Beef O Bradys brand and protects the franchisor's trademarks and brand identity after the franchise agreement ends.