What must a Bhc franchisee erase or obliterate from letterheads and advertising after termination?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) If there is a termination, cancellation or expiration as described in section 15.1(a) above, Franchisee must comply with section 11.2 of this Agreement respecting post-termination competition and also promptly:
- (ii) erase or obliterate from letterheads, stationery, printed matter, advertising, or other forms used by Franchisee the Marks and all words indicating that Franchisee is associated or affiliated with Franchisor;
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, upon termination, cancellation, or expiration of the franchise agreement, a franchisee must erase or obliterate the Marks and all words indicating association or affiliation with Bhc from letterheads, stationery, printed matter, advertising, or other forms used by the franchisee. This requirement ensures that the franchisee no longer represents themselves as part of the Bhc franchise system after the agreement ends.
This obligation is in place regardless of the reason for termination, whether it's due to a breach, default, non-renewal, lapse of time, or any other cause. The franchisee is responsible for removing any indication of affiliation with Bhc from their business materials to avoid misleading the public. This includes not only physical materials but also any form of advertising or promotion.
In practical terms, a former Bhc franchisee must take immediate steps to remove all Bhc branding from their business. This includes updating letterheads, removing logos from advertising materials, and ensuring that no printed materials suggest a continued relationship with Bhc. Failure to comply with these requirements could lead to legal action from Bhc to enforce the terms of the franchise agreement and protect its brand identity.
This is a standard practice in franchising, as franchisors need to protect their brand and prevent confusion among customers after a franchise agreement ends. The specific steps required may vary from franchise to franchise, but the general principle of removing all branding and indications of affiliation is common.