What must a Bhc Master Franchisee do with signs bearing the Marks after termination?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
pes, videodiscs, forms, advertising matter, devices, insignias, slogans or designs used from time to time in connection with the Franchised Business.
(b) If there is a termination, cancellation or expiration as described in section 15.1(a) above, Master Franchisee must comply with section 11.2 of this Agreement respecting post-termination competition and also promptly:
(i) remove at Master Franchisee's expense all signs erected or used by Master Franchisee and bearing the Marks, or any word or mark indicating that Master Franchisee is associated or affiliated with Franchisor;
(ii) erase or obliterate from letterheads, stationery, printed matter, advertising, or other forms used by Master Franchisee the Marks and all words indicating that Master Franchisee is associated or affiliated with Franchisor;
(iii) permanently discontinue all advertising stating or implying Master Franchisee is associated or affiliated with Franchisor or the System (if Master Franchisee engages in any business thereafter, Master Franchisee must use trade names, service marks or trademarks that are significantly different from those under which Master Franchisee had done business and must use sign formats that are significantly different in color and type face; and take all necessary steps to ensure that Master Franchisee's present and former employees, agents, officers, shareholders and partners observe the foregoing obligations); and
(iv) assign all interest and right to use all telephone numbers and all telephone and social media listings applicable to the BHC Restaurant in use at the time of such termination to Franchisor and take all actions necessary to change all such telephone numbers immediately and change all such telephone and social media listings as soon as possible.
(v) pay to the Franchisor all Royalties, other fees, and any and all amounts or accounts payable then owed the Franchisor or its affiliates pursuant to this Agreement, or pursuant to any other agreement, whether written or oral, including subleases and lease assignments, between the parties.
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, a Master Franchisee has specific obligations regarding signs bearing Bhc's marks upon termination, cancellation, or expiration of the franchise agreement. The Master Franchisee is required to remove, at their own expense, all signs that they erected or used that bear Bhc's marks. This includes any words or marks that indicate an association or affiliation with Bhc.
In addition to removing the signs, the Master Franchisee must also erase or obliterate Bhc's marks from all letterheads, stationery, printed materials, advertising, and other forms they use. They must also permanently discontinue any advertising that states or implies an association with Bhc or its system. If the Master Franchisee engages in any business after the termination, they must use trade names, service marks, or trademarks that are significantly different from those used under the Bhc franchise. The new signage must also differ significantly in color and typeface. The Master Franchisee is responsible for ensuring that their present and former employees, agents, officers, shareholders, and partners adhere to these obligations.
Furthermore, the Master Franchisee must assign all interest and rights to use telephone numbers and social media listings associated with the Bhc restaurant to Bhc. They must take the necessary actions to change all telephone numbers immediately and change all social media listings as soon as possible. Failure to comply with these requirements allows Bhc to enter the premises and make the necessary removals and changes at the Master Franchisee's expense, provided Bhc gives 15 days written notice. These expenses must be promptly paid by the Master Franchisee upon demand from Bhc.