If Bombs Away Franchising enters the location to de-identify it, is it liable for any damage caused?
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 has the right to enter the location to remove any branding and de-identify it.
In such instances, Bombs Away will not be considered a trespasser and will not be held accountable or required to pay for any assets removed or altered during the de-identification process. Furthermore, Bombs Away will not be responsible for any damage caused to the location during this process.
This clause protects Bombs Away from liability for any damages that may occur when they are de-identifying a location after a franchisee has failed to do so, shifting the responsibility for de-identification to the franchisee in the first instance. It is common in franchising for the franchisee to be responsible for de-identifying a location after termination of the franchise agreement.