factual

Where in the Deck Medic FDD can I find information about alterations?

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, Item 23 discusses the franchisee's obligations upon termination, including altering the former Deck Medic business and administrative office. Specifically, it outlines the steps a franchisee must take to de-identify their former Deck Medic presence.

The FDD states that the franchisee is required to modify and alter their former Deck Medic Business and Administrative Office as reasonably necessary or required by Deck Medic. This is to ensure that the office is completely differentiated from its former appearance, preventing public confusion about the continued existence of a Deck Medic Business at that location. The franchisee must remove all distinctive physical and structural features, signs, trade dress, and emblems associated with the Deck Medic system, including those bearing the Licensed Marks.

Deck Medic may also request specific additional changes to further de-identify the former business. The franchisee must begin these actions immediately and complete them within the timeframe designated by Deck Medic. If the franchisee fails to make these modifications and alterations in a timely manner, Deck Medic or its agents may enter the premises to make the alterations at the franchisee's sole risk and expense. The FDD also states that failure to comply will cause irreparable injury to Deck Medic, and Deck Medic may seek a court order to enforce these alterations at the franchisee's expense.

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.