What are the franchisee's obligations upon termination or expiration of the Eos Worldwide franchise agreement, as detailed in the agreement?
Eos_Worldwide Franchise · 2025 FDDAnswer from 2025 FDD Document
17.6 Obligations Upon Termination/Expiration.
Upon any expiration or termination of this Agreement for any reason, you must, at your cost and expense:
- (a) immediately cease to use any of the Confidential Information, the Intellectual Property and the Marks;
- (b) immediately return to us (or destroy upon our request) all of your copies of any materials containing any of the Confidential Information or any materials bearing the Intellectual Property or the Marks and all copies and records of the Lists and Client Data;
- (c) upon our request, cooperate in assigning to us or to a person or entity designated by us any and all vendor agreements or sales or service contracts for the Products or the Services with Clients of your Franchise, which will be automatic at our option as a result of the termination or expiration;
- (d) immediately cease all use of our Marks and Intellectual Property including any of our marketing materials and brochures and stop holding yourself out to the public as associated with us in any way including the removal of all trade dress;
- (e) immediately terminate your access to our Computer Systems, any Required Technology, any E-Commerce activities we designate, and any other applicable EOS systems to which you had access as a franchisee, and immediately remove any Franchise related proprietary software from your computer(s);
- (f) immediately pay us all unpaid fees and pay us, our affiliates, and our approved and designated suppliers and vendors that relates to the operation of the EOS Franchise, all other monies owed thereto; and
- (g) comply with the post-termination covenants set forth in Section 16 hereof and elsewhere in this Agreement, all of which will survive the transfer, termination or expiration of this Agreement and cease any and all contact with Clients, suppliers, vendors, employees or our agents without our prior written consent.
Source: Item 23 — RECEIPTS (FDD pages 74–246)
What This Means (2025 FDD)
According to the 2025 Eos Worldwide Franchise Disclosure Document, Section 17.6 outlines the franchisee's obligations upon termination or expiration of the franchise agreement. Upon termination or expiration of the agreement, the franchisee must cease using any confidential information, intellectual property, and marks associated with Eos Worldwide. The franchisee is also required to return or destroy all copies of materials containing confidential information, intellectual property, or marks, including lists and client data.
Additionally, upon Eos Worldwide's request, the franchisee must cooperate in assigning vendor agreements or sales/service contracts with clients to Eos Worldwide or its designee, which will occur automatically at Eos Worldwide's option. The franchisee must immediately stop using Eos Worldwide's marks and intellectual property, including marketing materials, and cease representing themselves as associated with Eos Worldwide, including removing all trade dress. Access to Eos Worldwide's computer systems, required technology, e-commerce activities, and other applicable systems must be terminated, and any franchise-related proprietary software must be removed from the franchisee's computers.
Furthermore, the franchisee is obligated to immediately pay all unpaid fees and monies owed to Eos Worldwide, its affiliates, and approved suppliers/vendors related to the operation of the Eos Worldwide franchise. The franchisee must also comply with post-termination covenants outlined in Section 16 of the agreement and elsewhere, which survive the termination or expiration of the agreement. Finally, the franchisee must cease all contact with clients, suppliers, vendors, employees, or Eos Worldwide's agents without prior written consent.
These obligations are typical in franchise agreements to protect the franchisor's brand, confidential information, and customer relationships. Franchisees should carefully review these post-termination obligations to understand the full scope of their responsibilities upon exiting the Eos Worldwide system.