What must a Devon Creek franchisee deliver to the franchisor upon termination, at the franchisee's expense?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.1.3 take such action as may be necessary to cancel any assumed name or equivalent registration that contains the Mark or any other service mark or trademark of Franchisor, and Franchisee shall furnish Franchisor with evidence of compliance with this obligation which is satisfactory to Franchisor, within ten (10) days after termination or expiration of this Agreement;
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
According to Devon Creek's 2024 Franchise Disclosure Document, upon termination or expiration of the franchise agreement, the franchisee must take action to cancel any assumed name or equivalent registration that contains Devon Creek's mark or any other service mark or trademark. The franchisee is responsible for providing Devon Creek with evidence of compliance within ten days of termination or expiration of the agreement. This action must be completed at the franchisee's own expense.
In practical terms, this means that if a Devon Creek franchisee has registered a business name that includes the Devon Creek trademark (or something similar), they must formally cancel that registration with the relevant authorities. This ensures that the franchisee no longer appears to be associated with the Devon Creek brand after the franchise agreement ends. The franchisee must then provide proof of this cancellation to Devon Creek within the specified timeframe.
This requirement is fairly standard in franchising. It protects the franchisor's brand and prevents former franchisees from trading on the brand's reputation after their agreement has ended. Franchisees should be aware of this obligation and factor in any associated costs when considering the potential expenses related to exiting the Devon Creek system.