What actions must an Embassy Suites franchisee take immediately upon termination or expiration of the franchise agreement?
Embassy_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event of a termination or expiration with respect to your right to operate the spa as an eforea spa, in addition to, and not in lieu of, any of your obligations that arise on termination or expiration of the Franchise Agreement, you will immediately:
(a) cease using the eforea name, and any other names, marks, trade dress, systems, insignia, symbols, and other rights, procedures and methods licensed to you under this eforea Amendment with respect to the operation of a spa, and any confusingly similar names, marks, trade dress, systems, insignia, symbols, procedures and methods;
(b) deliver all goods and materials containing that portion of the Marks related to the operation of an eforea spa to us and we will have the sole and exclusive use of any items containing those Marks;
Source: Item 22 — CONTRACTS (FDD page 97)
What This Means (2025 FDD)
According to the 2025 Embassy Suites Franchise Disclosure Document, if the franchise agreement is terminated or expires regarding the operation of the spa as an eforea spa, the franchisee has specific obligations that must be fulfilled immediately. These obligations are in addition to any other responsibilities that arise from the termination or expiration of the overall Franchise Agreement.
Specifically, the franchisee must immediately cease using the "eforea" name, along with any related names, marks, trade dress, systems, insignia, symbols, and other licensed rights, procedures, and methods associated with the eforea spa operation. This includes refraining from using any names, marks, trade dress, systems, insignia, symbols, procedures, and methods that are confusingly similar to the eforea brand.
Furthermore, the franchisee is required to deliver all goods and materials that contain any portion of the marks related to the operation of the eforea spa to Embassy Suites. Embassy Suites will then have the sole and exclusive right to use any items containing those marks. This ensures that the brand's identity and trademarks are protected and that the franchisee no longer benefits from the association with the eforea brand after the termination or expiration of the agreement.