What rights does Beem Franchisor LLC have to enter the premises?
Beem_Light_Sauna Franchise · 2025 FDDAnswer from 2025 FDD Document
Company will have the right, without being guilty of trespass or any other crime or tort, to enter the Premises at any time or from time to time (i) to make any modification or alteration it considers necessary to protect the beem® Light Sauna system and marks, (ii) to cure any default under the Franchise Agreement or under the Lease, or (iii) to remove the distinctive elements of the beem® Light Sauna trade dress upon the Franchise Agreement's expiration or termination. Neither Company nor Landlord will be responsible to Franchisee for any damages Franchisee might sustain as a result of action Company takes in accordance with this provision. Company will repair or reimburse Landlord for the cost of any damage to the Premises' walls, floor or ceiling that result from Company's removal of trade dress items and other property from the Premises.
Source: Item 23 — RECEIPT (FDD pages 71–230)
What This Means (2025 FDD)
According to Beem Light Sauna's 2025 Franchise Disclosure Document, Beem Franchisor LLC, referred to as "Company," has specific rights to enter the franchisee's premises under certain conditions. Beem Light Sauna can enter the premises at any time without being considered a trespasser to make necessary modifications or alterations to protect the Beem Light Sauna system and trademarks. They can also enter to address any defaults under the Franchise Agreement or the lease agreement. Additionally, Beem Light Sauna has the right to remove distinctive elements of the Beem Light Sauna trade dress upon the expiration or termination of the Franchise Agreement.
However, Beem Light Sauna is not responsible to the franchisee for any damages that the franchisee might incur as a result of actions taken by Beem Light Sauna during these entries. Beem Light Sauna is responsible for repairing or reimbursing the landlord for any damages to the premises, specifically walls, floors, or ceilings, that result from the removal of trade dress items and other property. This clause aims to protect Beem Light Sauna's brand integrity and ensure compliance with the franchise agreement while also outlining responsibilities for property damage during the process.
This arrangement is typical in franchising, where franchisors need to maintain brand standards and protect their intellectual property. The franchisee should be aware that Beem Light Sauna can enter the premises under the specified conditions, which could impact their business operations. However, the franchisor is liable for damages to the property caused by the removal of trade dress, offering some protection to the franchisee and the landlord. Franchisees should seek clarification on what constitutes necessary modifications and how they will be notified prior to any entry by Beem Light Sauna.