After termination or expiration of the Cool Binz Franchise Agreement, can the franchisor enter the franchisee's business to remove displays of the Marks?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
If, within five (5) days after termination or expiration of this Agreement, you fail to remove all displays of the Marks, we may enter the COOL BINZ Business to effect removal. In this event, you agree that you may not file any complaint or action against us for trespass or any other violation or claim, nor shall we be accountable or required to pay for any displays or materials. You agree that this Agreement shall constitute your complete consent to such entry set forth in this Section.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to Cool Binz's 2025 Franchise Disclosure Document, after the termination or expiration of the Franchise Agreement, the franchisee has a limited time to remove all displays of Cool Binz's Marks from the business. Specifically, the franchisee has five days to remove these displays.
If the franchisee fails to remove all displays of the Marks within that five-day period, Cool Binz has the right to enter the former franchisee's business to remove them. The agreement specifies that the franchisee consents to this entry and agrees not to file any complaints or actions against Cool Binz for trespass or any other violation or claim related to the removal. Cool Binz is also not accountable or required to pay for any displays or materials removed during this process.
This clause highlights the importance of a franchisee's prompt action after the termination or expiration of the agreement. Failing to remove the Marks within the specified timeframe can result in Cool Binz entering the business premises to do so, which the franchisee must allow without recourse. This is a fairly standard clause in franchise agreements, intended to protect the franchisor's brand and trademarks after a franchise relationship ends.