factual

If a Chesters franchisee fails to comply with de-branding obligations, who is permitted access to the premises to remove Chester's Marks?

Chesters Franchise · 2025 FDD

Answer from 2025 FDD Document

If you fail to comply with your de-branding obligations within the aforementioned timeframe, you agree to permit our third-party agent access to your premises to remove Chester's Marks from the Location.

Source: Item 23 — **RECEIPTS (FDD pages 48–197)

What This Means (2025 FDD)

According to Chesters's 2025 Franchise Disclosure Document, if a franchisee fails to comply with de-branding obligations within a specified timeframe, they agree to permit Chesters' third-party agent access to their premises to remove Chesters' Marks from the location.

This means that after the franchise agreement expires or is terminated, the franchisee has a limited time to remove all Chesters branding from the restaurant. Should they fail to do so, Chesters has the right to send a third-party to the location to complete the de-branding process. This is a measure to protect Chesters' brand and ensure that former franchisees do not continue to operate as if they are still part of the Chesters system.

The franchisee is initially given 30 business days to complete both payment and restaurant-specific physical de-branding obligations. Failure to meet these obligations within this timeframe results in a $10,000 fee. However, non-payment is not the trigger for the third-party agent to be sent to the premises; it is the failure to comply with the de-branding obligations within the allotted time.

This clause highlights the importance of franchisees diligently adhering to the post-termination obligations outlined in the franchise agreement to avoid further intervention and potential costs. Franchisees should be aware of the specific de-branding requirements and ensure they are completed promptly upon termination or expiration of the agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.