Under what circumstances is Beyond Juicery Eatery or its representative permitted to enter the franchised restaurant premises?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
Landlord agrees that it will not limit Franchisee's right to use Beyond Juicery + Eatery Trademarks. Landlord further agrees and acknowledges that the Premises shall be used solely for the operation of a Beyond Juicery + Eatery Restaurant. Landlord agrees to notify Franchisor in the event that Franchisee begins to use the Premises in any other manner and Landlord shall consider such use as an event of default. If after the occurrence of an event giving rise to Franchisor's option hereunder, Franchisor does not exercise its option to accept the assignment of the Lease, Franchisee agrees to promptly remove all Beyond Juicery + Eatery Trademarks from the Premises. If Franchisee fails to promptly do so, Landlord agrees that Franchisor may enter the Premises without being guilty of trespass or tort to so de-identify the Premises. Franchisee will be responsible for all expenses incurred by Franchisor in performing such de-identification, including without limitation, actual attorneys' fees.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to the 2025 FDD, Beyond Juicery Eatery, under specific circumstances, has the right to enter the premises of a franchised restaurant. If a franchisee fails to promptly remove Beyond Juicery Eatery trademarks from the premises after the termination or non-renewal of the lease, the landlord agrees that Beyond Juicery Eatery may enter the premises without being guilty of trespass or tort to de-identify the premises. The franchisee will be responsible for all expenses incurred by Beyond Juicery Eatery in performing such de-identification, including actual attorneys' fees.
This condition is tied to the use of the real estate and the franchisee's adherence to removing trademarks upon lease termination. It ensures that the Beyond Juicery Eatery brand is protected and that the premises do not continue to represent the brand without authorization. This clause is included in the agreement between the landlord and the franchisee, with Beyond Juicery Eatery having the right to enforce it if the franchisee fails to comply.
This is a fairly standard clause in franchise agreements, allowing the franchisor to protect its brand identity and prevent unauthorized use of its trademarks after a franchise agreement ends. Prospective franchisees should understand that they are responsible for the costs associated with de-identifying the premises if they fail to do so themselves, and Beyond Juicery Eatery has the right to enter the premises to ensure compliance.