How long does a Bombs Away franchisee have to 'deidentify' their location after termination or expiration?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
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, a franchisee operating from a location other than their home has 30 days after termination or expiration of the franchise agreement to 'deidentify' the location. This means the franchisee must remove all Bombs Away marks, signage, and trade dress from the location at their own expense. The deidentification must be to the reasonable satisfaction of Bombs Away.
Bombs Away may provide reasonable instructions and procedures for deidentification, which the franchisee must follow. If the franchisee fails to de-identify 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 performs the de-identification, the franchisee will not be able to hold Bombs Away liable for trespass or require Bombs Away to pay for any assets removed or altered, or for any damages caused during the process. This clause protects Bombs Away from any claims related to their actions to de-identify a location after a franchisee fails to do so within the allotted timeframe.
This is a fairly standard clause in franchise agreements. It is important for franchisees to understand their obligations upon termination or expiration of the agreement to avoid additional costs or potential disputes with Bombs Away.