Is the franchisee required to follow Chocolate Fish Franchising's instructions for de-identification?
Chocolate_Fish_Coffee 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 Fish Coffee business, to the reasonable satisfaction of Chocolate Fish Franchising.
Franchisee shall comply with any reasonable instructions and procedures of Chocolate Fish Franchising for de-identification.
If Franchisee fails to do so within 30 days after this Agreement expires or is terminated, Chocolate Fish Franchising may enter the Location to remove the Marks and de-identify the Location.
In this event, Chocolate Fish 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 Chocolate Fish Franchising.
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
According to Chocolate Fish Coffee's 2024 Franchise Disclosure Document, franchisees are required to follow Chocolate Fish Franchising's instructions and procedures for de-identification. Specifically, within 30 days of termination or expiration of the franchise agreement, the franchisee must de-identify the location at their own expense. This means removing all Chocolate Fish Coffee marks, signage, and trade dress to Chocolate Fish Franchising's reasonable satisfaction.
This de-identification process ensures that the location no longer appears to be a Chocolate Fish Coffee business after the franchise agreement ends. The franchisee must comply with any reasonable instructions and procedures provided by Chocolate Fish Franchising for this de-identification. This could include specific methods for removing signs, repainting the building, or altering the interior design.
If a franchisee fails to de-identify the location within the specified 30-day period, Chocolate Fish Franchising has the right to enter the location and perform the de-identification themselves. In such cases, the franchisee will not be able to claim trespass or hold Chocolate Fish Franchising accountable for any assets removed, altered, or any damage caused during the process. This provision protects Chocolate Fish Franchising's brand and ensures a consistent image, even after a franchise ceases operation.