What must a franchisee do with Cicis Confidential Information and Marks upon termination of the franchise agreement?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
the earlier of the default which serves as the basis for our right to terminate is cured or we exercise our right to terminate. You hereby waive all claims against us and our affiliates arising from any suspension provided for in this Section 15.C, and you hereby indemnify us against any claims brought by any third parties arising out of our exercise of our rights under this Section 15.C, in connection with your indemnity obligations set forth in Section 14 above.
16. POST TERMINATION
Upon the expiration or termination of this Agreement, all rights granted to you hereunder will immediately terminate, and:
- A. Cease Operations. You must immediately cease to operate your Restaurant under this Agreement, and you must not thereafter, directly or indirectly, represent to the public or hold yourself out as our present or former franchisee.
- B. Cease Use of the Marks and Confidential Information. You must immediately and permanently cease to use, in any manner whatsoever, and return to us (or, at our direction, destroy) any Confidential Information and cease to use the mark "Cicis" and all other Marks. If you fail to promptly de-identify your Restaurant in accordance with our then-current System Standards, then we will have the right to cure deficiency, and you must reimburse us for all costs we incur in curing such deficiency. If you fail or refuse to comply with the requirements of this Section 16.B, we will have the right to enter upon the premises of your Restaurant, without being guilty of trespass or any other crime or tort, to make or cause to be made such changes as may be required.
- C. Cancel Assumed Name Registrations. You must cancel any assumed name or equivalent registrations which contain any Mark, and you must furnish us with evidence satisfactory to us of your compliance with this obligation within five (5) days after termination or expiration of this Agreement.
- D.
Source: Item 22 — CONTRACTS (FDD pages 64–65)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, upon termination of the Franchise Agreement, the franchisee must adhere to specific post-termination obligations regarding operations, use of marks and confidential information, assumed name registrations, and future identification with Cicis.
Specifically, the franchisee must immediately cease operating the restaurant and cannot represent themselves as a current or former Cicis franchisee. The franchisee must also immediately and permanently stop using the "Cicis" mark and all other Marks, and return (or destroy, if directed) any Confidential Information.
Furthermore, the franchisee is obligated to cancel any assumed name registrations containing any Mark and provide satisfactory evidence of compliance within five days after termination or expiration of the agreement. If the franchisee continues to operate any other business, they cannot use any imitation of the Marks that could cause confusion or dilute Cicis's rights to the Marks. If a franchisee fails to de-identify their restaurant according to Cicis's System Standards, Cicis has the right to correct the deficiency and the franchisee must reimburse Cicis for all costs incurred.