What is the scope of the requirement for a terminated Casiola franchisee to modify and alter their former Casiola Business?
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 Casiola's 2024 Franchise Disclosure Document, a franchisee whose agreement has been terminated must modify and alter their former Casiola Business, Casiola Administrative Office, and Franchisee's Administrative Office. These modifications must be reasonably necessary or otherwise required by Casiola to ensure the office is completely de-identified and differentiated from its former appearance. This is to prevent any confusion by the public regarding the continued existence of a Casiola Business at the location.
The franchisee is required to remove all distinctive physical and structural features that identify a Casiola Business, including all distinctive signs, trade dress, and emblems associated with the Casiola system. This includes removing any signs, trade dress, and emblems bearing the licensed marks. Additionally, the franchisee must make any specific additional changes to their Administrative Office that Casiola reasonably requests to completely de-identify the former Casiola Business.
The franchisee must immediately begin these actions and complete them within the timeframe designated by Casiola. The franchisee also agrees that Casiola and its agents can 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 order from a court authorizing Casiola or its agents to take action at the franchisee's expense if necessary.