If a Bombs Away franchisee leases their location, what are their obligations?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
ay Franchising, with full power of substitution, as its true and lawful attorney-in-fact, which appointment is coupled with an interest; to execute such directions and authorizations as may be necessary or appropriate to accomplish the foregoing; and
- (iv) cease doing business under any of the Marks.
- 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.
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, if a franchisee operates from a location other than their home, they have specific obligations upon termination or expiration of the franchise agreement. Within 30 days after termination or expiration, the franchisee must "deidentify" the location at their own expense. This means removing all Bombs Away marks, signage, and trade dress so that the location no longer appears to be a Bombs Away business. The deidentification must be done to the reasonable satisfaction of Bombs Away.
Bombs Away also has the right to provide reasonable instructions and procedures for deidentification, which the franchisee must follow. If the franchisee fails to deidentify the location within the 30-day period, Bombs Away has the right to enter the location and remove the marks and de-identify it themselves.
In the event that Bombs Away enters the location to de-identify it, the franchisee will not be able to claim trespass or hold Bombs Away accountable for any assets removed, altered, or any damage caused during the de-identification process. This clause protects Bombs Away from any legal repercussions related to their actions to de-identify a former franchise location after the agreement has ended.