What must a Casiola franchisee do with their former Casiola Business location upon termination?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
(6) Immediately notify Franchisor, in writing, of any and all locations where Franchisee may have maintained and/or stored digital files and/or media containing all or parts of the Operations Manual, any Confidential Information, and all other standards and specifications of Franchisor, immediately turn over such digital files and media to Franchisor, and follow Franchisor's instructions as to the destruction of such digital files and media;
(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;
- (8) Take all actions necessary and/or reasonably required to cancel all fictitious or assumed names or equivalent registrations relating to the Licensed Marks;
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, upon termination of the franchise agreement, the franchisee must take several actions to de-identify their former Casiola Business location. Specifically, the franchisee is required to modify and alter the former Casiola Business, as well as the administrative office, as necessary to ensure it is completely differentiated from its former appearance. This is to prevent any public confusion about the continued existence of a Casiola Business at that location.
To achieve this de-identification, the franchisee must remove all distinctive physical and structural features that identify the location as a Casiola Business. This includes removing all distinctive signs, trade dress, and emblems associated with the Casiola system, especially those bearing the licensed marks. Additionally, the franchisee must make any other specific changes reasonably requested by Casiola to completely de-identify the former business.
The franchisee must begin 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. Failure to make these modifications in a timely manner will cause irreparable injury to Casiola, and the franchisee consents to an ex-parte court order allowing Casiola to take action at the franchisee's expense.
In addition to physical alterations, the franchisee must also notify Casiola in writing of all locations where digital files containing the Operations Manual or other confidential information are stored, turn over those files to Casiola, and follow Casiola's instructions for their destruction. The franchisee must also take actions to cancel any assumed names registrations related to the licensed marks. These obligations ensure that the franchisee fully divests from the Casiola brand and protects Casiola's intellectual property and brand identity after the termination of the franchise agreement.