Which obligations of the parties survive the termination of the Floors To Go agreement?
Floors_To_Go Franchise · 2025 FDDAnswer from 2025 FDD Document
seminating, or in any other manner disclosing or using any Proprietary Information and other proprietary materials, all of which you acknowledge to be our trade secrets;
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- You shall remove the FTG Marks from all Showroom signage, interior and exterior;
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- You shall cease to utilize the FTG System;
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- You shall immediately cease to use, by advertising or in any manner whatsoever, the name "Floors To Go" and any forms, slogans, signs, marks, symbols, and devices used in connection with the operation of a Floors To Go independent Showroom. You shall not represent or advertise that we were formerly parties to this Agreement or that you did business under our trademarks or trade names; and
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- You shall take such action as shall be necessary to cancel any assumed name or equivalent registration which contains the name "Floors To Go" or any of our other trademarks, and you shall furnish to us evidence satisfactory to us of compliance with this obligation within thirty (30) days after said termination.
- c. No right or remedy herein conferred upon or reserved to us is exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder.
- d. Termination or expiration of this Agreement shall not affect your rights to operate other independently owned Floors To Go Showrooms in accordance with the terms of any other membership agreements until and unless such other membership agreements, or any of them, are terminated or expire in accordance with their terms.
- e. Notwithstanding any provision herein contained providing for the termination of this Agreement, all obligations of the parties hereto which expressly arise upon or after the termination of this Agreement shall survive such termination.
14. Arbitration
Any dispute, controversy or claim arising out of, relating to or in connection with this Agreement, including any question regarding its validity or the termination thereof, or a breach thereof (in any such case, a "Dispute") shall be resolved pursuant to the following:
14.1. Initiation. Any party wishing to initiate consideration of a Dispute hereunder shall first give written notice (a "First Notice") to the other party setting forth in reasonable detail the nature of the Dispute. Both parties shall then use their best efforts to negotiate in good faith to diligently resolve the Dispute within fifteen (15) days of the giving and receipt of the First Notice.
Source: Item 23 — RECEIPTS (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Floors To Go Franchise Disclosure Document, the agreement specifies that all obligations of the parties that expressly arise upon or after the termination of the agreement will survive such termination. This means that any duties or responsibilities outlined in the franchise agreement that are intended to take effect after the agreement ends will still be in force.
Specifically, upon termination of the Floors To Go agreement, the franchisee must remove all FTG Marks from showroom signage, both inside and outside, and cease using the FTG System. The franchisee must also immediately stop using the name "Floors To Go" in any advertising or manner and cannot represent that they were formerly part of the Floors To Go franchise. Additionally, the franchisee is required to cancel any assumed name registrations containing "Floors To Go" or any of the franchisor's trademarks within 30 days of termination and provide evidence of compliance.
Furthermore, the franchisee's obligation to indemnify Floors To Go against claims also survives the termination of the agreement. This means that even after the franchise agreement ends, the franchisee may still be responsible for covering losses, damages, and expenses related to claims arising from the operation of their Floors To Go Showroom. These clauses are typical in franchise agreements to protect the franchisor's brand and manage liabilities even after a franchise relationship concludes.