Following termination of a Bhc franchise, what must a franchisee do regarding online reviews and directories?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event of termination, cancellation or expiration of this Agreement whether by reason of Franchisee's breach, default, non-renewal, lapse of time or other cause, in addition to any other
obligations provided for in this Agreement, Franchisee must forthwith discontinue the use or display of the Marks in any manner whatsoever, and Franchisee may not thereafter operate or do business under the Marks or any other BHC brand or any other name or in any manner that might tend to give the general public the impression that Franchisee is in any way associated or affiliated with Franchisor, or any of the businesses conducted by Franchisor or the Owner of the Marks, including without limitation repainting the business premises in a distinctively different color and removing or rearranging distinctive elements of the Trade Dress. Franchisee must contact online review sites and other online directories and websites which have made reference to Franchisee's Franchised BHC Restaurant during the 18 months prior to the date this Agreement terminates, is cancelled, or expires, and request the removal of all use of the trademarks in connection with the former BHC Franchised BHC Restaurant (and the physical address of the former Franchised BHC Restaurant) and all use of former reviews from the period Franchisee was a BHC franchisee. And, Franchisee also must comply with section 15.2 respecting the return to Franchisor of certain materials and must not thereafter use, in any manner, or for any purpose, directly or indirectly, any of the Proprietary Information, Trade Secrets, procedures, techniques, or materials acquired by Franchisee by virtue of the relationship established by this Agreement, including, without limitation, (i) any training or other materials, manuals, bulletins, instruction sheets, or supplements thereto, or (ii) any equipment, videotapes, videodiscs, forms, advertising matter, devices, insignias, slogans or designs used from time to time in connection with the Franchised Business.
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, in the event of termination, cancellation, or expiration of the Franchise Agreement, a franchisee has specific obligations regarding online presence. The franchisee must immediately stop using Bhc's trademarks and branding in any way that might suggest an association with Bhc. This includes physical alterations like repainting the business premises and removing distinctive trade dress elements.
More specifically, the franchisee is required to contact online review sites, directories, and websites that referenced the Bhc restaurant within 18 months prior to the termination date. The franchisee must request the removal of all trademarks associated with the former Bhc restaurant, including its physical address, and all reviews from the period the franchisee operated as a Bhc franchisee.
This requirement ensures that after a franchise agreement ends, the public is not misled into believing the former franchisee is still part of the Bhc system. It also protects Bhc's brand reputation by disassociating it from any negative reviews or outdated information related to the terminated franchise. Franchisees should be aware of these obligations and prepared to take the necessary steps to comply with them upon termination of their agreement.