What is Chocolate Fish Coffee required to do before entering the leased premises to remove signs and materials?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
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- 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 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
According to Chocolate Fish Coffee's 2024 Franchise Disclosure Document, if the Franchise Agreement or the lease is terminated, Chocolate Fish Coffee or its designee has the right to enter the leased premises to remove signs and other materials that display Chocolate Fish Coffee's brand name, trademarks, and commercial symbols. However, Chocolate Fish Coffee must provide reasonable prior notice to the landlord before entering the premises for this purpose.
This requirement ensures that the landlord is aware of Chocolate Fish Coffee's intentions and has the opportunity to prepare for the removal process. It also allows the landlord to coordinate with Chocolate Fish Coffee to minimize any disruption to the property or other tenants. The FDD specifies that Chocolate Fish Coffee will be liable to the landlord for any damage that Chocolate Fish Coffee or its designee causes during the removal process.
This provision protects the landlord's interests by ensuring they are informed and that any damages caused by the removal are the responsibility of Chocolate Fish Coffee. For a prospective franchisee, this means that upon termination or expiration of their franchise agreement, Chocolate Fish Coffee is responsible for removing branding elements, but must first notify the landlord. This clause in the lease agreement ensures a smoother transition and clarifies responsibilities among the franchisee, franchisor, and landlord.