What is the Dryer Vent Squad Franchisee's obligation regarding the use of Licensed Marks?
Dryer_Vent_Squad Franchise · 2024 FDDAnswer from 2024 FDD Document
any other Article or provision of this Agreement, upon expiration or termination of this Agreement for any reason, Franchisee shall immediately pay to Franchisor all sums and fees due from Franchisee to Franchisor under the terms of this Agreement including, but not limited to Royalty Fees and Advertising Contributions and all other sums and fees due from Franchisee to Franchisor and/or Franchisor affiliates and/or suppliers for products and services including, but not limited to, System Supplies.
17.B. CEASE OPERATIONS AND PROTECTION OF THE SYSTEM
Upon expiration, termination, or Transfer of this Agreement for any reason, Franchisee shall immediately:
- (1) Permanently cease to be a franchise owner of the Dryer Vent Squad Business that was the subject of this Agreement and cease to operate such Dryer Vent Squad Business under the System;
- (2) Refrain from directly or indirectly, holding oneself/itself out to any person or entity, or represent themselves/itself as a present or former Dryer Vent Squad franchisee;
- (3) Permanently cease to use, in any manner: (a) the System including, without limitation, the Confidential Information, the Licensed Marks, the Business Management System Data, and the Operations Manual; (b) any methods, procedures, or techniques associated with the System in which Franchisor possesses proprietary rights or constitute Franchisor's trade secrets; (c) System Supplies, including communicating with or ordering products from Franchisor's designated suppliers and vendors of System Supplies; (d) the Approved Services and Products; and (e) any other advertising, marketing, media, and any other information, documents or things associated with Franchisor, the System, the Licensed Marks, Dryer Vent Squad Businesses, the Franchised Business, and Franchisee's former Dryer Vent Squad Business, including, without limitation, any confidential, proprietary methods, procedures, descriptions of products, techniques, trade secrets, proprietary marks, distinctive forms, slogans, symbols, signs, stationary, advertising material, articles, logos, devices, items and all other things, tangible or intangible, associated with Franchisor, the System, the Licensed Marks, and Dryer Vent Squad Businesses;
- (4) Return to Franchisor the Operations Manual (including any and all parts, supplements, and copies of the Operations Manual), the Confidential Information (including without limitation the Business Management System Data and all customer lists and information), and all other confidential materials, equipment, software, information, and property owned by Franchisor and all copies thereof provided, however, that Franchisee may retain Franchisee's copies of this Agreement, correspondence between 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;
Source: Item 23 — RECEIPTS (FDD pages 51–207)
What This Means (2024 FDD)
According to the 2024 Dryer Vent Squad Franchise Disclosure Document, upon the expiration, termination, or transfer of the Franchise Agreement, the franchisee must immediately and permanently cease using the Licensed Marks in any manner. This includes refraining from representing themselves as a current or former Dryer Vent Squad franchisee. This obligation ensures that the franchisee no longer benefits from the brand's reputation and goodwill after the agreement ends.
Specifically, the franchisee must stop using the System, which includes the Licensed Marks, Confidential Information, Business Management System Data, and the Operations Manual. They must also cease using any methods, procedures, or techniques associated with the System in which Dryer Vent Squad possesses proprietary rights or constitute trade secrets. Additionally, the franchisee is prohibited from using System Supplies, Approved Services and Products, and any other advertising, marketing, or media associated with Dryer Vent Squad, the System, or the Licensed Marks.
Furthermore, the franchisee is required to take all necessary actions to cancel any fictitious or assumed names registrations related to the Licensed Marks. They must also transfer or disconnect all telephone numbers, email addresses, and web-based media listings associated with their former Dryer Vent Squad Business, as directed by Dryer Vent Squad. Compliance with these obligations must be demonstrated with written proof provided to Dryer Vent Squad within 30 days of the agreement's expiration, termination, or transfer. These continuing obligations survive the termination of the agreement, ensuring the protection of Dryer Vent Squad's intellectual property and brand identity.