If I fail to cancel registrations containing "Bruegger's" after termination of the Brueggers Bagels Development Agreement, who is appointed as my attorney-in-fact to do so?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 18.1.4. Take such action as may be necessary to cancel any assumed name registration or equivalent registration, and any e-mail address or domain name registration, obtained by you which contains "Bruegger's" or any other Proprietary Marks, and furnish evidence satisfactory to us of compliance with this obligation within five (5) days after termination or expiration of this Agreement. You hereby appoint us your attorney-in-fact to carry out the requirements of this Section 18.1.4, if you fail to do so within such five (5) day period;
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to the 2025 Brueggers Bagels Franchise Disclosure Document, if a franchisee fails to cancel any assumed name registration, equivalent registration, email address, or domain name registration containing "Bruegger's" or other proprietary marks within five days after the termination or expiration of the Development Agreement, Brueggers Bagels is appointed as the franchisee's attorney-in-fact to carry out these cancellations.
This means that after the Development Agreement ends, a franchisee is responsible for removing all traces of the Brueggers Bagels brand from their business, including legal registrations. This includes assumed name registrations, email addresses, and domain names. The franchisee has a short window of only five days to complete these cancellations and provide proof to Brueggers Bagels.
If the franchisee does not meet this deadline, Brueggers Bagels has the power of attorney to act on the franchisee's behalf to ensure these cancellations are completed. This protects Brueggers Bagels' brand and trademarks by preventing unauthorized use after the franchise relationship ends. The franchisee essentially gives Brueggers Bagels the legal authority to handle these matters if they fail to do so themselves within the specified timeframe.