To whom must Better Blend provide notice before entering the leased premises to remove signs and materials?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
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- Right to Enter. Upon the expiration or termination of the Franchise Agreement or the Lease, or the termination of Tenant's right of possession of the Leased Premises, Franchisor or its designee may, after giving reasonable prior notice to Landlord, enter the Leased Premises to remove signs and other material bearing Franchisor's brand name, trademarks, and commercial symbols, provided that Franchisor will be liable to Landlord for any damage Franchisor or its designee causes by such removal.
Source: Item 23 — RECEIPTS (FDD pages 43–157)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, upon the expiration or termination of the Franchise Agreement or the lease, or the termination of the tenant's right of possession of the leased premises, Better Blend or its designee must provide reasonable prior notice to the landlord before entering the leased premises to remove signs and other materials bearing Better Blend's brand name, trademarks and commercial symbols. However, Better Blend will be liable to the landlord for any damage that Better Blend or its designee causes by such removal.
This means that if a Better Blend franchise closes, whether due to the end of the franchise agreement or lease, or due to the franchisee losing the right to possess the property, Better Blend has the right to enter the premises to take down its branding. However, they must inform the landlord beforehand.
This clause protects the landlord by requiring Better Blend to cover any damages caused during the removal process. It also ensures that the landlord is aware of Better Blend's actions on the property, maintaining clear communication and preventing potential disputes.