What happens to Burros Fries advertising materials upon termination of the franchise agreement?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee further agrees that, upon termination or expiration of this Agreement, Franchisee shall immediately and permanently cease to use, by advertising, or any manner whatsoever, any Confidential Information, methods, trade secrets, procedures, descriptions of Products and Services associated with us and the Names and Marks and any proprietary marks and distinctive forms, slogans, symbols, signage, logos or devices associated with the System. In particular, Franchisee shall cease to use, without limitation, all signage (this includes vehicles with graphics, if applicable), advertising materials, menus, stationery, forms and any other articles, which display the Names and Marks. Franchisee shall make or cause to be made, at its expense, changes directed by us in signage, vehicles (if applicable), building and structures so as to effectively distinguish the surviving business entity, if any, from itsformer appearance and from other existing Burros & Fries Businesses. Franchisee shall comply with the covenant not to compete and the agreement to maintain the confidentiality of proprietary information, as well as return all information that is considered to be Confidential Information under the terms and conditions of this Agreement back to us.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to Burros Fries's 2024 Franchise Disclosure Document, upon termination or expiration of the franchise agreement, the franchisee must immediately and permanently cease using all advertising materials associated with Burros Fries's names and marks. This includes, but is not limited to, signage, vehicles with graphics, advertising materials, menus, stationery, forms, and any other articles displaying the Burros Fries names and marks.
Furthermore, the franchisee is responsible for making changes, at their own expense, to signage, vehicles, buildings, and structures as directed by Burros Fries to effectively differentiate the business from its former appearance and from other existing Burros Fries businesses. This ensures that the public is not misled into thinking the terminated franchise is still part of the Burros Fries system.
In addition to ceasing the use of advertising materials, the franchisee must also stop operating the business and cannot represent themselves as a current or former Burros Fries franchisee. The franchisee is also prohibited from notifying guests about the termination or expiration of the agreement without prior written consent from Burros Fries, as Burros Fries retains the sole right to notify guests in a manner they deem appropriate. All existing guest and account lists become the property of Burros Fries.