What must a former Casiola franchisee do with their former Casiola Administrative Office upon termination?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
- (7) (a) modify and alter Franchisee's former Casiola Business, Franchisee's former Casiola Administrative Office, and Franchisee's Administrative Office, as reasonably necessary or otherwise required by Franchisor, to ensure that Franchisee's Administrative Office has been completely deidentified and differentiated from its former appearance to prevent any confusion by the public as to the continued existence of a Casiola Business at your Administrative Office; (b) remove from Franchisee's Administrative Office all distinctive physical and structural features identifying a Casiola Business and all distinctive signs, trade dress and emblems associated with the System including, without limitation, signs, trade dress, and emblems bearing the Licensed Marks; and (c) make specific additional changes to Franchisee's Administrative Office as Franchisor reasonably requests for the purpose of completely de-identifying Franchisee's former Casiola Business.
Franchisee shall immediately initiate the foregoing actions and complete such actions within the period of time designated by Franchisor, and Franchisee agrees that Franchisor and/or Franchisor's designated agents may enter the premises of Franchisee's Administrative Office at any time to make foregoing alterations at Franchisee's sole risk and expense.
Franchisee agrees that Franchisee's failure to timely make modifications and alterations to Franchisee's Administrative Office will cause irreparable injury to Franchisor, and Franchisee consents to the entry, at Franchisee's expense, of any ex-parte order by any court of competent jurisdiction authorizing Franchisor or its agents to take action, if Franchisor seeks such an order;
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to the 2024 Casiola Franchise Disclosure Document, upon termination of the franchise agreement, a former franchisee must take specific actions to de-identify their former Casiola Administrative Office. This is to ensure that the office no longer appears to be associated with the Casiola brand, preventing public confusion.
Specifically, the franchisee is required to modify and alter the former Casiola Business, the former Casiola Administrative Office, and the Administrative Office as necessary to completely differentiate it from its former appearance. This includes removing all distinctive physical and structural features, signs, trade dress, and emblems associated with the Casiola system, including those bearing the Licensed Marks. The franchisee must also make any additional changes reasonably requested by Casiola to further de-identify the office.
The franchisee must initiate these actions immediately and complete them within the timeframe designated by Casiola. Casiola or its agents have the right to enter the premises to make these alterations at the franchisee's sole risk and expense if the franchisee fails to do so in a timely manner. Failure to comply with these requirements can result in irreparable injury to Casiola, and the franchisee consents to an ex-parte court order authorizing Casiola to take action at the franchisee's expense.