What are the Browns Chicken franchisee's obligations regarding the store's telephone number after termination or expiration of the franchise?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees that after the termination or expiration of the Franchise he will: (1) not directly or indirectly at any time or in any manner identify himself or any business as a current or former BROWN'S Store, or as a franchisee or licensee of or as otherwise associated with Brown, or use any Mark or any colorable imitation thereof in any manner or for any purpose, or utilize for any purpose any trade name, trademark or service mark or other commercial symbol that suggests or indicates a connection or association with Brown; (2) remove all signs containing any Mark and return to Brown or destroy all menus and other forms and materials containing any Mark or otherwise identifying or relating to a BROWN'S Store; (3) remove all Marks affixed to uniforms and/or, at Brown's direction, cease to use such uniforms; (4) take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to his use of any Mark; (5) change the telephone number of the Store and instruct all telephone directory publishers to modify all telephone directory listings of the Store associated with any Marks when the directories are next published, or, at Brown's option, assign the telephone number to Brown or its designee; and (6) furnish to Brown, within thirty (30) days after the effective date of termination or expiration, evidence satisfactory to Brown of Franchisee's compliance with the foregoing obligations.
Franchisee acknowledges that as between Brown and Franchisee, Brown has the sole rights to and interest in all telephone numbers and directory listings associated with any Mark or the Store, and Franchisee authorizes Brown, and hereby appoints Brown its attorney in fact, to direct the telephone company and all listing agencies to transfer same to Brown or its designee, should Franchisee fail or refuse to do so, and the telephone company and all listing agencies may accept such direction or this Agreement, as conclusive of the exclusive rights of Brown in such telephone numbers and directory listings and its authority to direct their transfer.
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to the 2025 Browns Chicken Franchise Disclosure Document, after the termination or expiration of the franchise agreement, the franchisee has specific obligations regarding the store's telephone number. The franchisee must change the telephone number of the store and instruct all telephone directory publishers to modify all telephone directory listings of the store associated with any Browns Chicken marks when the directories are next published. Alternatively, at Browns Chicken's option, the franchisee must assign the telephone number to Browns Chicken or its designee.
Browns Chicken retains sole rights to all telephone numbers and directory listings associated with any mark or the store. The franchisee authorizes Browns Chicken to direct the telephone company and listing agencies to transfer the telephone number to Browns Chicken or its designee if the franchisee fails to do so. The telephone company and listing agencies can accept the franchise agreement as conclusive evidence of Browns Chicken's exclusive rights to the telephone numbers and directory listings and its authority to direct their transfer.
This provision ensures that upon termination or expiration, Browns Chicken maintains control over the phone number and listings associated with the brand, preventing potential confusion or misuse by the former franchisee. It is a fairly standard practice in franchising to ensure brand consistency and prevent any association of the former franchisee with the Browns Chicken brand. The franchisee must comply with these obligations and provide evidence of compliance to Browns Chicken within 30 days after the termination or expiration date.