After termination or expiration of the Devon Creek agreement, what must the franchisee immediately cease?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.1 Franchisee's Obligations. Upon termination or expiration of this Agreement, all rights and licenses granted hereunder to Franchisee shall immediately terminate and Franchisee and each Principal shall:
- 18.1.1 immediately cease to operate the Franchised Business, and shall not thereafter, directly or indirectly identify himself, herself or itself as a current Devon Creek owner, franchisee or licensee;
- 18.1.2 immediately and permanently cease to use the Marks, any imitation of any Mark, Franchisor's copyrighted material or other intellectual property, confidential or proprietary material or indicia of the Franchised Business, or use any trade name, trade or service mark or other commercial symbol that suggests a current or past association with Franchisor, Licensor, or the System. In particular, Franchisee shall cease to use, without limitation, all signs, billboards, advertising materials, displays, stationery, forms and any other articles, which display the Marks;
- 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 the 2024 Devon Creek Franchise Disclosure Document, upon termination or expiration of the Franchise Agreement, the franchisee must immediately cease certain activities. Specifically, the franchisee must immediately stop operating the Franchised Business and cannot present themselves as a current Devon Creek owner, franchisee, or licensee.
Additionally, the franchisee must immediately and permanently discontinue the use of Devon Creek's Marks, any imitation of the Marks, copyrighted material, intellectual property, confidential or proprietary material, or any symbols associated with the Franchised Business. This includes refraining from using any trade name, service mark, or commercial symbol that suggests a current or past association with Devon Creek, its licensor, or the Devon Creek system. The franchisee is explicitly required to stop using all signs, billboards, advertising materials, displays, stationery, forms, and any other items that display the Marks.
Furthermore, the franchisee is obligated to take necessary actions to cancel any assumed name registrations that include the Devon Creek Mark or any other service mark or trademark of Devon Creek. Evidence of compliance with this cancellation must be provided to Devon Creek within ten days after the termination or expiration of the Franchise Agreement. These post-termination obligations are designed to protect Devon Creek's brand and prevent any confusion or misrepresentation after the franchise relationship ends.