What specific elements must be removed during the de-identification process for a Chocolate Fish Coffee location?
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 the 2024 Chocolate Fish Coffee Franchise Disclosure Document, upon termination or expiration of the franchise agreement, the franchisee is responsible for de-identifying the location. This means the franchisee must remove all elements that identify the location as a Chocolate Fish Coffee business.
Specifically, the franchisee must remove the Chocolate Fish Coffee marks, signage, and any trade dress associated with the brand. This de-identification must be completed within 30 days of the termination or expiration of the franchise agreement and must be done to the reasonable satisfaction of Chocolate Fish Coffee.
If the franchisee fails to de-identify the location within the specified timeframe, Chocolate Fish Coffee has the right to enter the location and remove the identifying marks themselves. In such a case, the franchisee will not be able to hold Chocolate Fish Coffee responsible for trespass, nor will Chocolate Fish Coffee be accountable for the value of any assets removed or altered during the de-identification process, or for any damages caused during the process.