After termination of the Deck Medic franchise agreement, what must a franchisee remove from their Administrative Office?
Deck_Medic Franchise · 2024 FDDAnswer 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, upon termination of the franchise agreement, a franchisee must take specific actions to de-identify their former Deck Medic business. This includes modifying and altering the former Deck Medic Business, the former Deck Medic Administrative Office, and the Administrative Office as reasonably necessary or as required by Deck Medic. The goal is to ensure the Administrative Office is completely differentiated from its former appearance to prevent public confusion about the continued existence of a Deck Medic Business at that location.
Specifically, the franchisee must remove all distinctive physical and structural features that identify a Deck Medic Business. This includes all distinctive signs, trade dress, and emblems associated with the Deck Medic system, including those bearing the Licensed Marks. Additionally, the franchisee must make any other changes to the Administrative Office that Deck Medic reasonably requests to completely de-identify the former Deck Medic Business.
The franchisee is required to start these actions immediately and complete them within the timeframe designated by Deck Medic. Deck Medic or its agents have the right to enter the premises of the franchisee's Administrative Office to make these alterations at the franchisee's sole risk and expense. Failure to make these modifications in a timely manner will cause irreparable injury to Deck Medic, and the franchisee consents to the entry of an ex-parte order by a court authorizing Deck Medic or its agents to take action at the franchisee's expense.