Can CB Franchising enter a Chocolate Bash business premises for inspection?
Chocolate_Bash Franchise · 2024 FDDAnswer from 2024 FDD Document
e its lease to a franchisee of the Chocolate Bash brand. Any provision of the Lease which limits Tenant's right to own or operate other Chocolate Bash outlets in proximity to the Leased Premises shall not apply to Franchisor.
-
- Authorization. Tenant authorizes Landlord and Franchisor to communicate directly with each other about Tenant and Tenant's business.
-
- Right to Enter. Upon the expiration or termination of the Franchise Agreement or the Lease, or the termination of Tenant's right of possession of the Leased Premises, Franchisor or its designee may, after giving reasonable prior notice to Landlord, enter the Leased Premises to remove signs and other material bearing Franchisor's brand name, trademarks, and commercial symbols, provided that Franchisor will be liable to Landlord for any damage Franchisor or its designee causes by such removal.
-
Source: Item 22 — CONTRACTS (FDD pages 38–39)
What This Means (2024 FDD)
According to the 2024 Chocolate Bash Franchise Disclosure Document, under specific circumstances, CB Franchising has the right to enter a Chocolate Bash location. If a franchise agreement expires or is terminated, or if the tenant's right of possession of the leased premises ends, Chocolate Bash can enter the premises to remove signs and other materials bearing their brand name, trademarks, and commercial symbols. However, Chocolate Bash must provide reasonable prior notice to the landlord before entering the premises.
This right is also applicable if the franchisee fails to de-identify the location within 30 days after the agreement expires or is terminated. De-identification involves removing all Chocolate Bash marks, signage, and trade dress. If the franchisee does not comply, Chocolate Bash has the right to enter the location to perform the de-identification themselves.
It is important to note that while Chocolate Bash has the right to enter the premises under these specific conditions, they will be liable to the landlord for any damage they cause during the removal process. Additionally, in the event of a temporary public safety closure, if Chocolate Bash identifies an imminent danger at the business, the franchisee must cease operations immediately upon Chocolate Bash's order to remedy the dangerous condition.