Must the de-identification of the location after termination of a Chocolate Bash franchise be to the satisfaction of CB Franchising?
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 Chocolate Bash's 2024 Franchise Disclosure Document, after termination or expiration of the franchise agreement, the franchisee is responsible for de-identifying the location. This means removing all Chocolate Bash trademarks, signage, and trade dress at the franchisee's own expense.
The de-identification must be completed within 30 days of the termination or expiration date and must be done to the reasonable satisfaction of CB Franchising. The franchisee must also comply with any reasonable instructions and procedures provided by Chocolate Bash for de-identification.
If the franchisee fails to de-identify the location within the specified timeframe, Chocolate Bash has the right to enter the location and remove the trademarks and de-identify the location themselves. In such a case, the franchisee will not be able to hold Chocolate Bash accountable for trespass, any assets removed or altered, or any damages caused during the de-identification process. This clause ensures that Chocolate Bash can protect its brand and image even after a franchise agreement ends, and places the onus on the franchisee to take prompt action to avoid further intervention.