If Care Plus Medical Ucc enters the location to de-identify it, will Care Plus Medical Ucc be charged with trespass?
Care_Plus_Medical_Ucc Franchise · 2024 FDDAnswer from 2024 FDD Document
If Franchisee fails to do so within 30 days after this Agreement expires or is terminated, Care Plus Medical UCC may enter the Location to remove the Marks and de-identify the Location.
In this event, Care Plus Medical UCC will not be charged with trespass nor be accountable or required to pay for any assets removed or altered, or for any damage caused by Care Plus Medical UCC.
Source: Item 22 — CONTRACTS (FDD page 41)
What This Means (2024 FDD)
According to the 2024 Care Plus Medical Ucc Franchise Disclosure Document, Care Plus Medical Ucc will not be charged with trespass if they enter the location to de-identify it under specific circumstances. This is related to the termination or expiration of the franchise agreement.
Specifically, the franchisee is responsible for de-identifying the location within 30 days of the agreement's termination or expiration, removing all Care Plus Medical Ucc marks, signage, and trade dress to Care Plus Medical Ucc's satisfaction. If the franchisee fails to do so within this timeframe, Care Plus Medical Ucc has the right to enter the location to perform the de-identification themselves.
The FDD explicitly states that in such instances, Care Plus Medical Ucc will not be considered to be trespassing. Furthermore, Care Plus Medical Ucc will not be held accountable for any assets removed or altered during the de-identification process, nor for any damages caused during this process. This clause protects Care Plus Medical Ucc from legal repercussions when taking necessary actions to protect its brand identity after a franchise agreement ends.