Does the Bevaris Alliance agreement specify any exceptions to the cessation of business requirement upon termination?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- 19.3 Cessation of business. On termination or expiration of this agreement for any reason, the Franchisee and the Individual shall:
- (a) immediately pay the Franchisor the full amount of all sums due from the Franchisee to the Franchisor together with any interest payable in accordance with clause 25.2;
- (b) cease to operate the Franchisee's Business and System and cease to trade under any of the Trademarks, and not hold the Franchisee out as a franchisee of the Franchisor or do anything that may indicate any relationship between them and the Franchisor;
- (c) not make or receive telephone calls in connection with the Branded Business;
- (d) immediately stop using the Intellectual Property, including the Trademarks;
- (e) pass all enquiries made after termination, and full details of potential Customers, to the Franchisor;
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, upon termination or expiration of the franchise agreement, the franchisee and the individual involved must cease operating the Bevaris Alliance business. They must stop using the system and trading under any of the trademarks associated with Bevaris Alliance. Additionally, they are prohibited from presenting themselves as a franchisee of Bevaris Alliance or implying any ongoing relationship with the franchisor.
Specifically, the franchisee must discontinue making or receiving telephone calls related to the branded business and immediately cease using the intellectual property, including the trademarks. All inquiries received after termination, along with details of potential customers, must be passed on to Bevaris Alliance.
The franchise agreement does not explicitly state any exceptions to these cessation requirements. This means that regardless of the reason for termination or expiration, the franchisee is bound by these conditions unless otherwise agreed upon with Bevaris Alliance in writing.