What is Better Blend's responsibility for damages caused during the removal of signs and materials from the leased premises?
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.
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- No Liability. By executing this Rider, Franchisor does not assume any liability with respect to the Leased Premises or any obligation as Tenant under the Lease.
Source: Item 23 — RECEIPTS (FDD pages 43–157)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, Better Blend retains the right to enter a franchisee's leased premises to remove its signs and other branded materials upon the expiration or termination of the Franchise Agreement or the Lease. This right extends to situations where the tenant's right of possession is terminated. However, Better Blend must provide reasonable prior notice to the landlord before entering the premises for removal purposes.
Better Blend assumes liability for any damages that it or its designated representatives cause during the removal process. This means that if Better Blend damages the property while removing signs or other materials, it is responsible for covering the costs of repair. This liability is directly to the landlord, not the franchisee.
It is important to note that while Better Blend has the right to enter the premises and remove its branding, it does not assume any broader liability related to the leased premises or any obligations as the tenant under the lease by exercising this right. The franchisee remains primarily responsible for the lease obligations unless otherwise agreed upon.