Who is responsible for the expense of de-identifying a Better Blend location after termination or expiration?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
accomplish the foregoing. The telephone company, the postal service, registrars, Internet service providers and each listing agency may accept such direction by BBF pursuant to this Agreement as conclusive evidence of BBF's exclusive rights in such accounts and its authority to direct their transfer; and
- (iv) cease doing business under any of the Marks.
- 14.4 Remove Identification. Within 30 days after termination or expiration, Franchisee shall at its own expense "de-identify" the Location so that it no longer contains the Marks, signage, or any trade dress of a Better Blend business, to the reasonable satisfaction of BBF. Franchisee shall comply with any reasonable instructions and procedures of BBF for de-identification. If Franchisee fails to do so within 30 days after this Agreement expires or is terminated, BBF may enter the Location to remove the Marks and de-identify the Location. In this event, BBF will not be charged with trespass nor be accountable or required to pay for any assets removed or altered, or for any damage caused by BBF.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, the franchisee is responsible for the expense of de-identifying a location after the termination or expiration of the franchise agreement. Specifically, the franchisee must remove all Better Blend marks, signage, and trade dress from the location within 30 days of termination or expiration, and this must be done at the franchisee's own expense. This process must be completed to Better Blend's reasonable satisfaction.
If the franchisee fails to de-identify the location within the specified 30-day period, Better Blend has the right to enter the location and remove the marks and de-identify the location themselves. In such cases, Better Blend will not be considered to be trespassing and will not be held accountable or required to pay for any assets removed or altered during the de-identification process, nor for any damages caused by Better Blend during this process.
This clause ensures that upon termination or expiration of the franchise agreement, the location no longer represents the Better Blend brand, which protects the brand's image and prevents customer confusion. It is a standard practice in franchising to require franchisees to de-identify locations to maintain brand consistency and prevent unauthorized use of trademarks after the franchise relationship ends. Prospective franchisees should factor these potential de-identification costs into their financial planning when considering a Better Blend franchise.