After termination, can a Bevaris Alliance franchisee make telephone calls in connection with the Branded Business?
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;
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, a franchisee is explicitly prohibited from making or receiving telephone calls in connection with the Branded Business. This restriction is part of the broader cessation of business activities under the Bevaris Alliance brand.
This provision ensures that after the franchise agreement ends, the franchisee does not continue to operate or represent themselves as being affiliated with Bevaris Alliance. This prevents potential confusion among customers and protects the integrity of the Bevaris Alliance brand. The franchisee must also cease using the intellectual property, including trademarks, further solidifying the separation between the former franchisee and the Bevaris Alliance system.
In practical terms, a former Bevaris Alliance franchisee must immediately discontinue all phone communications related to the business. This includes not only initiating calls but also receiving them. All inquiries must be directed to the franchisor, ensuring that customer service and business operations are handled solely by Bevaris Alliance or its current franchisees. This measure is designed to maintain brand consistency and prevent any unauthorized business activities post-termination.