What is a Casiola franchisee required to do with the Bookings and Management System after termination?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
rees 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;
- (9) At no cost to Franchisor, take such action as may be determined by Franchisor to: (a) provide and assign to Franchisor the Bookings and Management System, the Bookings and Management System Data, and all customer lists, customer information, and customer data; and (b) transfer, disconnect, and/or otherwise assign, as directed by Franchisor, all telephone numbers, email addresses, yellow pages telephone directories, telephone directory type listings, Web Based Media listings, accounts and log-in information used in connection with Franchisee's former Casiola Business and/or otherwise associated with the System and/or the Licensed Marks, cancel Franchisee's interests in same as such cancellation may be directed by Franchisor, and effectuate, perform, honor, and comply with Franchisee's obligations under the Assignment of Telephone Numbers and Digital Media Accounts attached to this Agreement as Exhibit 3;
- (10) Except as directed by Franchisor in writing and related to Franchisee's performance and completion of Wind-Down Activities as designated and determined by Franchisor in Franchisor's Reasonable Business Judgment, abide by, and comply with, the restrictive covenants and obligations set forth in this Agreement, including, without limitation, the restrictive covenants and obligations set forth in Article 6 of this Agreement; and
- (11) Provide Franchisor, within 30 days of the expiration, termination, or Transfer of this Agreement, with written proof demonstrating that Franchisee has complied with the terms of this Article 17 and all other obligations under this Agreement that Franchisee must perform, abide by, and comply with, subsequent to the termination, expiration, or Transfer of this Agreement.
17.C. CONTINUING OBLIGATIONS
All obligations under this Agreement that expressly, or by their nature, survive, or are intended to survive, the expiration, termination, or Transfer of this Agreement shall continue in full force and effect subsequent to, and notwithstanding, this Agreement's termination, expiration, or Transfer until such obligations are satisfied in full or, by the nature and/or terms, such obligation(s) expire.
Franchisee agrees that in the event of a Transfer of this Agreement by Franchisee, whether or not such Transfer is authorized by Franchisor or made in violation of this Agreement, Franchisee shall not be relieved of Franchisee's obligations under this Agreement and no Owner shall be relieved of their respective guarantees, agreements, and obligations related to, or associated with, this Agreement, including, without limitation, the guarantees, agreements, and obligations set forth in the Franchise Owner Agreement and Guaranty attached to this Agreement as Exhibit 1.
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 franchisee is required to take specific actions regarding the Bookings and Management System. Specifically, the franchisee must provide and assign the Bookings and Management System, the Bookings and Management System Data, and all customer lists, customer information, and customer data to Casiola at no cost to Casiola.
Additionally, the franchisee must transfer, disconnect, and/or assign all telephone numbers, email addresses, yellow pages telephone directories, telephone directory type listings, Web Based Media listings, accounts, and log-in information used in connection with the franchisee's former Casiola Business or associated with the Casiola system and licensed marks, as directed by Casiola. The franchisee must also cancel their interests in these items as directed by Casiola and comply with the Assignment of Telephone Numbers and Digital Media Accounts agreement.
Furthermore, the franchisee must permanently cease to use the Bookings and Management System Data, and the Operations Manual, except if directed in writing by Casiola for completing wind-down activities. The franchisee must also return to Casiola the Operations Manual, the Confidential Information (including the Bookings and Management System Data and all customer lists and information), and all other confidential materials, equipment, software, information, and property owned by Casiola, along with all copies. These measures ensure that Casiola maintains control over its proprietary systems and data after a franchise agreement ends, which is a common practice in franchising to protect the brand and operational consistency.