factual

What must a franchisee do with leasehold improvements upon termination or expiration of the Counselor Realty Franchise Agreement?

Counselor_Realty Franchise · 2025 FDD

Answer from 2025 FDD Document

hout limitation the obligations set forth in Sections 7.2(b) and (d).

12. TERMINATION CONSEQUENCES.

Upon termination or expiration of this Agreement, all rights licensed herein, and your interest herein, revert to Counselor automatically, and you must immediately:

  • (a) stop using the Marks and System, any materials containing or depicting the Marks or System, and any other name or mark confusingly similar to the Marks, including domain names;

Source: Item 22 — CONTRACTS (FDD page 32)

What This Means (2025 FDD)

According to the 2025 Counselor Realty Franchise Disclosure Document, upon termination or expiration of the Franchise Agreement, the franchisee must remove all distinctive inventory, trade dress, and leasehold improvements. This removal is necessary to eliminate any similarity in design, structure, signage, trade dress, decor, color, or layout to the distinctive appearance of other Counselor Realty businesses. This requirement ensures that after the franchise agreement ends, the location does not continue to appear as if it is still a Counselor Realty franchise.

This obligation is part of the broader consequences of termination, which include ceasing the use of Counselor Realty's marks and systems, paying all outstanding sums to Counselor Realty, and returning all confidential information. The franchisee's interest in the franchise automatically reverts to Counselor Realty upon termination or expiration.

For a prospective franchisee, this means that any investments made in leasehold improvements to conform to Counselor Realty's brand standards must be reversed at the end of the franchise term. This could involve significant costs for demolition, reconstruction, and disposal of materials. It is important for franchisees to factor in these potential end-of-term expenses when evaluating the overall profitability and long-term financial implications of the franchise. Franchisees should also clarify with Counselor Realty what specific elements constitute 'distinctive' leasehold improvements to better understand the scope of this obligation.

This requirement is fairly standard in the franchise industry, as franchisors typically want to maintain a consistent brand image and prevent confusion after a franchise agreement ends. Franchisees should carefully review the franchise agreement and related documents to fully understand their obligations regarding leasehold improvements and other post-termination requirements.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.