What is the Chocolate Bash franchisee's responsibility for 'de-identifying' the location after termination or expiration?
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 FDD, franchisees are responsible for 'de-identifying' their location at their own expense within 30 days of the termination or expiration of their franchise agreement. This means removing all Chocolate Bash trademarks ('Marks'), signage, and trade dress to the reasonable satisfaction of CB Franchising. The purpose is to ensure that the location no longer appears to be a Chocolate Bash business.
Chocolate Bash provides reasonable instructions and procedures for this de-identification process, which the franchisee must follow. If a 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. Furthermore, Chocolate Bash will not be charged with trespass. This clause highlights the importance of franchisees fulfilling their de-identification obligations promptly to avoid potential costs and loss of control over the process.