What must I do to my former Deck Medic Business and Administrative Office after ceasing to be a franchisee?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisor and Franchisee, but not including Confidential Information that may be contained in or attached thereto, and other documents that Franchisee needs to retain pursuant to applicable law;
- (5) Permanently cease accessing, immediately disconnect from, and discontinue using any and all digital media, intra-nets, cloud based systems, and/or servers that store, maintain, and/or provide access to the Operations Manual, Confidential Information, and all other standards, specifications of Franchisor;
- (6) Immediately notify Franchisor, in writing, of any and all locations where Franchisee may have maintained and/or stored digital files and/or media containing all or parts of the Operations Manual, any Confidential Information, and all other standards and specifications of Franchisor, immediately turn over such digital files and media to Franchisor, and follow Franchisor's instructions as to the destruction of such digital files and media;
- (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;
- (8) Take all actions necessary and/or reasonably required to cancel all fictitious or assumed names or equivalent registrations relating to the Licensed Marks;
- (9) At no cost to Franchisor, take such action as may be determined by Franchisor to: (a) provide and assign to Franchisor the Business Management System, the Business Management System Data, and all customer lists, customer information, and customer data; and (b) transfer, disconnect, and/or otherwise assign, as directed by Franchisor, all telephone numbers, email addresses, yellow pages telephone directories, telephone directory type listings, Web Based Media listings, accounts and log-in information used in connection with Franchisee's former Deck Medic Business and/or otherwise associated with the System and/or the Licensed Marks, cancel Franchisee's interests in same as such cancellation may be directed by Franchisor, and effectuate, perform, honor, and comply with Franchisee's obligations under the Assignment of Telephone Numbers and Digital Media Accounts attached to this Agreement as Exhibit 3;
- (10) Abide by, and comply with, the restrictive covenants and obligations set forth in this Agreement, including, without limitation, the restrictive covenants and obligations set forth in Article 6 of this Agreement; and
- (11) Provide Franchisor, within 30 days of the expiration, termination, or Transfer of this Agreement, with written proof demonstrating that Franchisee has complied with the terms of this Article 17 and all other obligations under this Agreement that Franchisee must perform, abide by, and comply with, subsequent to the termination, expiration, or Transfer of this Agreement.
17.C. CONTINUING OBLIGATIONS
All obligations under this Agreement that expressly, or by their nature, survive, or are intended to survive, the expiration, termination, or Transfer of this Agreement shall continue in full force and effect subsequent to, and notwithstanding, this Agreement's termination, expiration, or Transfer until such obligations are satisfied in full or, by the nature and/or terms, such obligation(s) expire.
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, upon ceasing to be a franchisee, you have several obligations regarding your former Deck Medic Business and Administrative Office. You must modify and alter your former Deck Medic Business, your former Deck Medic Administrative Office, and your Administrative Office as required by Deck Medic to ensure it is completely de-identified and differentiated from its former appearance. This is to prevent any public confusion about the continued existence of a Deck Medic Business at your Administrative Office.
Specifically, you must remove all distinctive physical and structural features that identify a Deck Medic Business, including all distinctive signs, trade dress, and emblems associated with the Deck Medic system, especially those bearing the Licensed Marks. You must also make any additional changes to your Administrative Office that Deck Medic reasonably requests to completely de-identify your former Deck Medic Business. These actions must be initiated immediately and completed within the timeframe designated by Deck Medic. Deck Medic or its agents have the right to enter your Administrative Office to make these alterations at your sole risk and expense.
Furthermore, you must notify Deck Medic in writing of all locations where you stored digital files or media containing the Operations Manual, Confidential Information, and other standards and specifications of Deck Medic. You are required to turn over such digital files and media to Deck Medic and follow their instructions for the destruction of these files. Additionally, you must take all necessary actions to cancel any fictitious or assumed names registrations related to the Licensed Marks. Failure to make these modifications in a timely manner will cause irreparable injury to Deck Medic, and you consent to the entry of an ex-parte order by a court authorizing Deck Medic or its agents to take action at your expense.
In addition to the above, you must permanently cease using the Deck Medic system, including the Confidential Information, Licensed Marks, Business Management System Data, and Operations Manual. You must also cease using any methods, procedures, or techniques associated with the system, System Supplies, Approved Services and Products, and any other advertising, marketing, or information associated with Deck Medic. You must return the Operations Manual, Confidential Information, and all other confidential materials and property owned by Deck Medic, ceasing access to any digital media or systems that store this information. Finally, you must refrain from representing yourself as a current or former Deck Medic franchisee.