For how long prior to termination must online references to the Bhc Restaurant be removed?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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, the franchisee is required to contact online review sites and directories that have referenced the Bhc Restaurant. This obligation extends to references made during the 18 months prior to the termination, cancellation, or expiration date of the agreement. The franchisee must request the removal of all trademarks associated with the former Bhc franchise, including the physical address, and any reviews from the period they operated as a Bhc franchisee. This applies whether the termination is due to a breach, default, non-renewal, lapse of time, or any other cause. This requirement ensures that there is no lingering association between the franchisee and the Bhc brand after the agreement ends.
This provision is designed to protect Bhc's brand integrity and prevent any confusion among customers who might still find references to the former franchise online. By requiring the removal of these references, Bhc aims to maintain a clear separation between former franchisees and the current brand image. This is a standard practice in franchising, as franchisors typically want to ensure that their brand is not misrepresented or associated with a terminated franchisee's potential shortcomings or different business practices.
For a prospective Bhc franchisee, this means understanding that upon termination of the franchise agreement, there will be an immediate responsibility to manage the brand's online presence. Failing to comply with this requirement could potentially lead to legal repercussions or damage to the franchisee's reputation. It is crucial to maintain detailed records of all online references and reviews related to the franchise during the 18-month period to facilitate the removal process. This obligation is in addition to other post-termination duties, such as discontinuing the use of Bhc's trademarks and proprietary information.