Who bears the expense of 'deidentification' of the location for a Bombs Away franchise?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
- 14.4 Remove Identification. If Franchisee operates from a Location other than Franchisee's home, then within 30 days after termination or expiration, Franchisee shall at its own expense "deidentify" the Location so that it no longer contains the Marks, signage, or any trade dress of a Bombs Away business, to the reasonable satisfaction of Bombs Away Franchising.
Franchisee shall comply with any reasonable instructions and procedures of Bombs Away Franchising for deidentification.
If Franchisee fails to do so within 30 days after this Agreement expires or is terminated, Bombs Away Franchising may enter the Location to remove the Marks and de-identify the Location.
In this event, Bombs Away Franchising will not be charged with trespass nor be accountable or required to pay for any assets removed or altered, or for any damage caused by Bombs Away Franchising.
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, the franchisee is responsible for the expenses associated with 'deidentifying' their business location upon termination or expiration of the franchise agreement. This means that when a franchisee's agreement ends, they must remove all Bombs Away branding, signage, and trade dress from the location at their own cost.
This requirement is applicable if the franchisee operates from a location other than their home. The de-identification must be completed within 30 days of the termination or expiration of the agreement and must be done to the reasonable satisfaction of Bombs Away. This ensures that the location no longer appears to be associated with the Bombs Away brand.
If the franchisee fails to de-identify the location within the specified timeframe, Bombs Away has the right to enter the location and remove the branding themselves. In such cases, Bombs Away will not be held liable for trespass or required to compensate the franchisee for any assets removed, altered, or any damages caused during the de-identification process. This provision protects Bombs Away and ensures consistent brand representation even after a franchise agreement ends.