If Bombs Away Franchising enters the location to de-identify it, is it considered trespass?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
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, if a franchisee fails to de-identify their location within 30 days after the franchise agreement expires or is terminated, Bombs Away Franchising has the right to enter the location to remove the brand's identifying marks and de-identify the location.
In such instances, Bombs Away Franchising will not be considered to be trespassing. Furthermore, the franchise agreement stipulates that Bombs Away is not accountable or required to pay for any assets removed or altered during the de-identification process, nor for any damage caused during this process.
This clause protects Bombs Away from legal claims related to property damage or unauthorized entry when they are taking necessary steps to remove their branding from a former franchise location after the agreement has ended and the franchisee has not fulfilled their obligation to do so.