Who is responsible for repairing damage to the premises resulting from Body20's removal of trade dress items?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Company will have the right, without being guilty of trespass or any other crime or tort, to enter the Premises at any time or from time to time (i) to make any modification or alteration it considers necessary to protect the BODY20® system and marks, (ii) to cure any default under the Franchise Agreement or under the Lease, or (iii) to remove the distinctive elements of the BODY20® trade dress upon the Franchise Agreement's expiration or termination. Neither Company nor Landlord will be responsible to Franchisee for any damages Franchisee might sustain as a result of action Company takes in accordance with this provision. Company will repair or reimburse Landlord for the cost of any damage to the Premises' walls, floor or ceiling that result from Company's removal of trade dress items and other property from the Premises.
Source: Item 23 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
According to Body20's 2025 Franchise Disclosure Document, Body20 is responsible for repairing damage to the premises resulting from the removal of trade dress items. Specifically, Body20 has the right to enter the premises to remove distinctive elements of the Body20 trade dress upon the expiration or termination of the Franchise Agreement.
Neither Body20 nor the landlord will be responsible to the franchisee for any damages the franchisee might sustain as a result of action Body20 takes in accordance with this provision. However, Body20 will repair or reimburse the landlord for the cost of any damage to the premises' walls, floor, or ceiling that result from Body20's removal of trade dress items and other property from the premises.
This means that if a Body20 franchise closes or its agreement is terminated, Body20 itself will cover the costs to restore any damage to the studio space caused by removing its signs, logos, and other branded materials. This protects the franchisee from unexpected expenses at the end of their franchise term and ensures the property is returned to a usable state for the landlord. Franchisees should ensure that the lease agreement aligns with this clause to avoid potential disputes over repair costs.