Does the Chocolate Bash franchisee need to comply with CB Franchising's de-identification procedures after termination?
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, a franchisee is required to de-identify their location after termination or expiration of the franchise agreement. Within 30 days of termination or expiration, the franchisee must remove all Chocolate Bash marks, signage, and trade dress from the location at their own expense. This de-identification must be done to the reasonable satisfaction of CB Franchising.
Chocolate Bash provides specific instructions and procedures for de-identification, which the franchisee must follow. If the franchisee fails to de-identify the location within the specified 30-day period, Chocolate Bash has the right to enter the location and remove the marks and de-identify it themselves.
In the event that Chocolate Bash performs the de-identification, the franchisee will not be compensated for any assets removed or altered, nor for any damages caused by Chocolate Bash during the process. This clause protects Chocolate Bash from liability related to the de-identification process after a franchisee's agreement ends.