After termination or expiration of the Benjamin Franklin Plumbing agreement, what representations to the public are prohibited?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
17.2.7 Not directly or indirectly represent yourself to the public or hold yourself out as a present or former franchisee of the Brand; and
17.2.8 Not use any reproduction, counterfeit, copy, or colorable imitation of the Marks or the Works in connection with any other business that, in our opinion, is likely to cause confusion, mistake, or
deception or to dilute our and/or our affiliates' rights in and to the Marks and the Works. You must not use any designation of origin or description or representation that falsely suggests or represents an association or connection with us.
You hereby appoint us as your attorney-in-fact to carry out the requirements of this Section 17.2 if you fail to do so within a reasonable time, which need not be more than fifteen (15) days. You agree that we will have the right to enter the Approved Location and to contact your landlord and other third parties to make any required changes that you fail to make. You agree to reimburse us on demand for any costs that we incur to carry out your obligations.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, after the termination or expiration of the franchise agreement, a franchisee is prohibited from representing themselves to the public as a current or former Benjamin Franklin Plumbing franchisee.
Additionally, the franchisee cannot use any reproduction, counterfeit, copy, or imitation of the Benjamin Franklin Plumbing Marks or Works in connection with any other business that could potentially cause confusion, mistake, or deception, or dilute the rights of Benjamin Franklin Plumbing and its affiliates to the Marks and Works. The franchisee is also prohibited from using any designation of origin, description, or representation that falsely suggests an association or connection with Benjamin Franklin Plumbing.
Benjamin Franklin Plumbing retains the right to act as the franchisee's attorney-in-fact to ensure compliance with these requirements if the franchisee fails to do so within a reasonable time, defined as no more than fifteen days. Benjamin Franklin Plumbing is also granted the right to enter the approved location and contact the landlord and other third parties to make any required changes, with the franchisee responsible for reimbursing Benjamin Franklin Plumbing for any costs incurred in fulfilling these obligations.