factual

After ceasing to be a Deck Medic franchisee, what must I do to prevent confusion by the public regarding the continued existence of a Deck Medic Business at my Administrative Office?

Deck_Medic Franchise · 2024 FDD

Answer from 2024 FDD Document

  • (7) (a) modify and alter Franchisee's former Deck Medic Business, Franchisee's former Deck Medic Administrative Office, and Franchisee's Administrative Office, as reasonably necessary or otherwise required by Franchisor, to ensure that Franchisee's Administrative Office has been completely de-identified and differentiated from its former appearance to prevent any confusion by the public as to the continued existence of a Deck Medic Business at your Administrative Office;

  • (b) remove from Franchisee's Administrative Office all distinctive physical and structural features identifying a Deck Medic Business and all distinctive signs, trade dress and emblems associated with the System including, without limitation, signs, trade dress, and emblems bearing the Licensed Marks; and (c) make specific additional changes to Franchisee's Administrative Office as Franchisor reasonably requests for the purpose of completely de-identifying Franchisee's former Deck Medic Business.

Franchisee shall immediately initiate the foregoing actions and complete such actions within the period of time designated by Franchisor, and Franchisee agrees that Franchisor and/or Franchisor's designated agents may enter the premises of Franchisee's Administrative Office at any time to make foregoing alterations at Franchisee's sole risk and expense.

Franchisee agrees that Franchisee's failure to timely make modifications and alterations to Franchisee's Administrative Office will cause irreparable injury to Franchisor, and Franchisee consents to the entry, at Franchisee's expense, of any ex-parte order by any court of competent jurisdiction authorizing Franchisor or its agents to take action, if Franchisor seeks such an order;

Source: Item 23 — RECEIPTS (FDD pages 43–228)

What This Means (2024 FDD)

According to Deck Medic's 2024 Franchise Disclosure Document, if you are a former franchisee, you must modify your former Deck Medic Business, Administrative Office, and office as needed to differentiate it from its former appearance. This is to prevent any confusion by the public about whether a Deck Medic Business still exists at your administrative office.

To achieve this, you must remove all physical and structural features that identify it as a Deck Medic Business. This includes distinctive signs, trade dress, and emblems associated with the Deck Medic system, especially those bearing the licensed marks. You will also need to make any additional changes that Deck Medic reasonably requests to completely de-identify your former business.

You must start these actions immediately and complete them within the timeframe Deck Medic designates. Deck Medic or its agents have the right to enter your former administrative office to make these alterations at your risk and expense. If you fail to make these changes on time, Deck Medic can seek a court order to authorize them or their agents to take action at your expense, as your failure to do so will cause irreparable injury to Deck Medic.

Disclaimer: This information is extracted from the 2024 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.