Is a Burros Fries franchisee allowed to refer prospective patrons to a former franchisee?

According to the 2024 Burros Fries Franchise Disclosure Document, a franchisee is not allowed to identify itself or any business as a current or former Burros & Fries business owner. They cannot use any mark or imitation of a mark, or other indication of a Burros & Fries Business. They also cannot utilize any trade name, trade or service mark, or other commercial symbol that suggests a connection with Burros & Fries, except with respect to other Burros & Fries businesses that the franchisee or its principals own and operate.

This restriction is in place to protect the Burros Fries brand and prevent any potential confusion or misrepresentation. By preventing former franchisees from associating themselves with the brand, Burros Fries aims to maintain control over its image and reputation. This is a common practice in franchising, as franchisors need to ensure consistent brand representation across all locations, even after a franchise agreement ends.

For a prospective Burros Fries franchisee, this means that once the franchise agreement is terminated or expires, they must completely disassociate themselves from the brand. They cannot leverage their past association with Burros Fries to attract customers to a new business venture. This includes refraining from informing customers that they were previously a Burros Fries franchisee. This obligation extends to the franchisee's owners and principals as well.