What is the Carbones Pizzeria franchisee required to do with advertising materials upon termination?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
Upon termination of this Agreement for any reason whatsoever, all rights and privileges granted by Franchisor hereunder shall immediately terminate, and in such event, Franchisee shall immediately pay to Franchisor all moneys owed to Franchisor, regardless of when due, without offset or reduction of any kind whatsoever. Furthermore, Franchisee shall immediately cease to use, by advertising or otherwise, the names "Carbone's Pizzeria" or "Carbone's Pizza" and any and all other of the Names and Marks. Franchisee shall immediately return to Franchisor all forms, advertising matter, bulletins, procedures, recipes, the Manual and any other manuals provided to Franchisee, and not retain any copies thereof. Franchisee shall in every manner otherwise refrain from performing any act or thing that would indicate that Franchisee is a franchisee of Franchisor. Upon termination for whatever reason, Franchisor shall be free, without any obligations whatsoever to Franchisee, to resell the franchise herein upon such terms and conditions as Franchisor shall desire, and Franchisor shall receive all proceeds of such a sale. Franchisor shall have the right, at the option of Franchisor, to purchase all inventory and usable merchandise identified with the Names and Marks, all of which may be repurchased by Franchisor at the fair wholesale market value thereof. Franchisee agrees that Franchisor may be irreparably harmed in a manner not readily compensated by money damages by any violation by Franchisee of the provisions of this Section, and accordingly Franchisor shall be entitled to injunctive relief from a court of competent jurisdiction to enforce the obligations of Franchisee hereunder, in addition to any other rights Franchisor may have at law or in equity under this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 30–116)
What This Means (2025 FDD)
According to the 2025 Carbones Pizzeria Franchise Disclosure Document, upon termination of the Franchise Agreement, the franchisee must immediately cease using the names "Carbone's Pizzeria" or "Carbone's Pizza" in advertising or any other way. The franchisee is also required to return all advertising matter to Carbones Pizzeria and not retain any copies.
This means that a former Carbones Pizzeria franchisee cannot continue to use any of the brand's marketing materials or name to promote their business after the franchise agreement ends. This includes physical advertising materials as well as any digital presence that uses the Carbones Pizzeria name or branding.
This provision is standard in franchise agreements to protect the brand's identity and prevent confusion among customers. It ensures that only current franchisees in good standing represent the Carbones Pizzeria brand. Failure to comply could result in legal action by Carbones Pizzeria to protect its trademarks and brand reputation.