Regarding de-identification of a Bombs Away location, must the de-identification be to the satisfaction of Bombs Away Franchising?
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 de-identifying the location. This means removing all Bombs Away marks, signage, and trade dress at their own expense within 30 days of the termination or expiration date.
The de-identification must be completed to the reasonable satisfaction of Bombs Away Franchising. Furthermore, the franchisee must adhere to any reasonable instructions and procedures provided by Bombs Away for de-identification.
If the franchisee fails to de-identify the location within the specified 30-day period, Bombs Away has the right to enter the location and remove the marks and de-identify it themselves. In such cases, 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. This clause emphasizes the importance of the franchisee's responsibility to ensure proper and timely de-identification to avoid further intervention from Bombs Away.