factual

After ceasing to be a Deck Medic franchisee, what must I do with System Supplies?

Deck_Medic Franchise · 2024 FDD

Answer from 2024 FDD Document

17.B. CEASE OPERATIONS AND PROTECTION OF THE SYSTEM**

Upon expiration, termination, or Transfer of this Agreement for any reason, Franchisee shall immediately:

  • (1) Permanently cease to be a franchise owner of the Deck Medic Business that was the subject of this Agreement and cease to operate such Deck Medic Business under the System;
  • (2) Refrain from directly or indirectly, holding oneself/itself out to any person or entity, or represent themselves/itself as a present or former Deck Medic franchisee;
  • (3) Permanently cease to use, in any manner: (a) the System including, without limitation, the Confidential Information, the Licensed Marks, the Business Management System Data, and the Operations Manual; (b) any methods, procedures, or techniques associated with the System in which Franchisor possesses proprietary rights or that constitute Franchisor's trade secrets; (c) System Supplies, including communicating with or ordering products from Franchisor's designated suppliers and vendors of System Supplies; (d) the Approved Services and Products; and (e) any other advertising, marketing, media, and any other information, documents or things associated with Franchisor, the System, the Licensed Marks, Deck Medic Businesses, the Franchised Business, and Franchisee's former Deck Medic Business, including, without limitation, any confidential, proprietary methods, procedures, descriptions of products, techniques, trade secrets, proprietary marks, distinctive forms, slogans, symbols, signs, stationary, advertising material, articles, logos, devices, items and all other things, tangible or intangible, associated with Franchisor, the System, the Licensed Marks, and Deck Medic Businesses;

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

What This Means (2024 FDD)

According to Deck Medic's 2024 Franchise Disclosure Document, upon termination of the franchise agreement, you must permanently cease to use System Supplies. This includes refraining from communicating with or ordering products from Deck Medic's designated suppliers and vendors of System Supplies. System Supplies are defined as the equipment and supplies designated by Deck Medic as required for use in connection with the franchisee's Deck Medic Business and the Approved Services and Products. These include both System branded, non-branded, and third-party branded equipment and supplies designated by Deck Medic for the day-to-day operations.

Specifically, System Supplies include items like Customer Vouchers, installation kits, and uniforms, as well as other products designated in the Operations Manual or in writing by Deck Medic, which may be modified from time to time. Additionally, System Supplies encompass products that Deck Medic authorizes for sale to customers of the Deck Medic Business.

In practical terms, this means that if you decide to leave the Deck Medic franchise system, you cannot continue to use any of the designated supplies or equipment, nor can you source them from Deck Medic's approved vendors. This ensures that you do not continue to operate a business that could be perceived as a Deck Medic business and that you do not benefit from the Deck Medic system after your franchise agreement ends. This is a standard practice in franchising to protect the brand's integrity and prevent confusion in the marketplace.

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.