Who bears the expense of de-identifying the location after termination or expiration of the Chocolate Bash franchise agreement?
Chocolate_Bash Franchise · 2024 FDDAnswer from 2024 FDD Document
- 14.4 Remove Identification. Within 30 days after termination or expiration, Franchisee shall at its own expense "de-identify" the Location so that it no longer contains the Marks, signage, or any trade dress of a Chocolate Bash business, to the reasonable satisfaction of CB Franchising.
Franchisee shall comply with any reasonable instructions and procedures of CB Franchising for de-identification.
If Franchisee fails to do so within 30 days after this Agreement expires or is terminated, CB Franchising may enter the Location to remove the Marks and de-identify the Location.
In this event, CB Franchising will not be charged with trespass nor be accountable or required to pay for any assets removed or altered, or for any damage caused by CB Franchising.
Source: Item 22 — CONTRACTS (FDD pages 38–39)
What This Means (2024 FDD)
According to the 2024 Chocolate Bash Franchise Disclosure Document, the franchisee is responsible for the costs associated with de-identifying the location after the franchise agreement terminates or expires. This means the franchisee must remove all Chocolate Bash branding, signage, and trade dress from the location at their own expense.
The FDD specifies that the franchisee has 30 days after termination or expiration to de-identify the location to Chocolate Bash's satisfaction. If the franchisee fails to do so within this timeframe, Chocolate Bash has the right to enter the location and remove the branding themselves.
In the event that Chocolate Bash de-identifies the location due to the franchisee's failure to do so, the franchisee will not be compensated for any assets removed or altered, nor will Chocolate Bash be held liable for any damages caused during the de-identification process. This underscores the importance of the franchisee fulfilling their obligation to de-identify the location promptly and according to Chocolate Bash's standards to avoid additional expenses and potential disputes.