If a Bombs Away franchisee operates from a location other than their home, what is the 'deidentification' requirement?
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 and the franchise agreement terminates or expires, the franchisee is responsible for 'deidentifying' the location. This means the franchisee must remove all Bombs Away marks, signage, and trade dress from the location at their own expense.
The franchisee has 30 days after the termination or expiration of the agreement to complete this deidentification process to Bombs Away Franchising's reasonable satisfaction. The franchisee must also follow any reasonable instructions and procedures provided by Bombs Away for deidentification.
If the franchisee fails to de-identify the location within the specified timeframe, Bombs Away Franchising has the right to enter the location and remove the marks and de-identify the location themselves. In such a case, the franchisee will not be able to claim trespass or hold Bombs Away accountable for any removed or altered assets, or any damages caused during the de-identification process.