Upon termination or expiration of the Better Blend franchise agreement, what actions must the franchisee take regarding assumed name registrations relating to the Marks?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
- (iii) immediately take all action required (a) to cancel all assumed name or equivalent registrations relating to Franchisee's use of the Marks; and (b) to cancel or transfer to BBF or its designee all telephone numbers, post office boxes, directory listings, and Digital Marketing accounts used by Franchisee in connection with the Business or the Marks, including, without limitation, by providing login and password details
and promptly signing all directions and authorizations necessary or appropriate to accomplish the foregoing. Franchisee hereby irrevocably appoints BBF, with full power of substitution, as its true and lawful attorney-in-fact, which appointment is coupled with an interest; to execute such directions and authorizations as may be necessary or appropriate to 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.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, upon termination or expiration of the franchise agreement, a franchisee must immediately take action to cancel all assumed name or equivalent registrations relating to the franchisee's use of Better Blend's Marks.
In addition to canceling assumed name registrations, the franchisee is also required to cancel or transfer to Better Blend (or its designee) all telephone numbers, post office boxes, directory listings, and digital marketing accounts used in connection with the business or the Marks. This includes providing login and password details and promptly signing all directions and authorizations necessary to accomplish these transfers or cancellations. The franchisee also grants Better Blend the power of attorney to execute directions and authorizations needed to accomplish the aforementioned actions.
These requirements ensure that Better Blend maintains control over its brand and Marks after a franchise agreement ends. It prevents the former franchisee from continuing to operate under a similar name or using marketing materials associated with Better Blend. Franchisees must also cease doing business under any of Better Blend's Marks and de-identify the location so that it no longer contains the Marks, signage, or any trade dress of a Better Blend business within 30 days after termination or expiration, at the franchisee's own expense.