What documents must a Bevaris Alliance franchisee execute and deliver to the Franchisor upon termination?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
the Communications Addresses in any directory or other published materials to the Franchisor or as it may direct;
- (k) assign to the Franchisor all domain name registrations and rights in website content owned or used by the Franchisee in the Franchisee's Business; and
- (l) deliver up any mobile telephone SIM cards or other communications equipment used in the Franchisee's Business;
- (m) take all other steps and in particular execute and deliver to the Franchisor all documents necessary to comply with its obligations under clause 21 and clause 22 of this agreement; and
- (n) enable the Franchisor to enter the Franchisee's premises and gain access to the Franchisee's systems and data in order to verify compliance with this clause 19.
- 19.4 Repurchase of equipment. On termination or expiration of this agreement for any reason, the Franchisor may, at its option, repurchase any plant, equipment, fixtures and fittings used by the Franchisee for the purpose of the Franchisee's Business including the Equipment, at such price as the Franchisor reasonably considers to be its current market value. The Franchisee shall, at its expense, arrange all insurance and transport of such plant and equipment in accordance with the Franchisor's reasonable instructions. If the Franchisor does not exercise its option, the Franchisee shall be free to sell such items as it chooses.
- 19.5 Return of loaned and hired equipment. On termination or expiration of this agreement for any reason, the Franchisee must return (at its expense and in good working order and condition) all items of equipment held on loan or hire from the
Franchisor under the terms of this agreement. Until they have been returned or repossessed, the Franchisee shall be solely responsible for the safe keeping, supervision, custody and insurance of them.
19.6 Right of entry. If the Franchisee fails to fulfil its obligations under this clause 19 within a reasonable time, the Franchisor may, at the expense of the Franchisee, immediately and without notice, enter onto the Franchisee's premises and take such steps as it thinks fit to fulfil any outstanding obligations.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, upon termination of the franchise agreement, the franchisee must execute and deliver all documents necessary to comply with obligations under clauses 21 and 22 of the agreement. Additionally, the franchisee is obligated to take several other actions, including passing all inquiries and customer details to Bevaris Alliance, transferring all customer lists and contract details, and potentially transferring uncompleted contracts or unfulfilled orders to Bevaris Alliance or its nominee.
Furthermore, the franchisee must cease using the Franchise Software and other software provided by Bevaris Alliance, returning or destroying all elements of it without copying. They must also return or destroy all copies of the Manual and other products or materials bearing any of the Trademarks. The franchisee is required to pay all debts owed to creditors of their business and permit Bevaris Alliance to deduct from any sums payable to the franchisee any amounts Bevaris Alliance pays to satisfy those debts.
Additionally, the franchisee must cease using the Communications Addresses and take steps to transfer all listings of these addresses to Bevaris Alliance. They must also assign to Bevaris Alliance all domain name registrations and rights in website content used in the franchisee's business and deliver up any mobile telephone SIM cards or other communications equipment used in the business. Finally, the franchisee must enable Bevaris Alliance to enter the premises and access systems and data to verify compliance with these termination obligations.
These requirements ensure that Bevaris Alliance can seamlessly take over the business or transition it to another franchisee, protecting its brand and customer relationships. The franchisee's cooperation is essential to ensure a smooth and legal termination process, avoiding potential disputes and liabilities.