What happens if a Fly To Fit franchisee complies with reasonable de-identification instructions?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
- 14.4 Remove Identification. Within 30 days after termination or expiration, Franchisee shall at its own expense "de-identify" the Location so that it no longer contains the Marks, signage, or any trade dress of a Fly To Fit business, to the reasonable satisfaction of Fly To Fit Franchise.
Franchisee shall comply with any reasonable instructions and procedures of Fly To Fit Franchise for de-identification.
If Franchisee fails to do so within 30 days after this Agreement expires or is terminated, Fly To Fit Franchise may enter the Location to remove the Marks and de-identify the Location.
In this event, Fly To Fit Franchise will not be charged with trespass nor be accountable or required to pay for any assets removed or altered, or for any damage caused by Fly To Fit Franchise.
Source: Item 22 — CONTRACTS (FDD page 44)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, if a franchisee complies with reasonable de-identification instructions from Fly To Fit Franchise, they fulfill their obligation to remove all branding from the location after termination or expiration of the franchise agreement. Specifically, the franchisee must, at their own expense, remove all Fly To Fit marks, signage, and trade dress from the location to the reasonable satisfaction of Fly To Fit Franchise within 30 days of termination or expiration.
This de-identification process ensures that the location no longer appears to be associated with the Fly To Fit brand. Compliance with these instructions protects both the franchisee and Fly To Fit. For the franchisee, it signifies the completion of their post-termination obligations related to the physical location.
If the franchisee fails to de-identify the location within the specified timeframe, Fly To Fit has the right to enter the premises and complete the de-identification process themselves. In such cases, the franchisee will not be able to claim trespass or hold Fly To Fit accountable for any damage or loss of assets during the de-identification process. Therefore, it is in the franchisee's best interest to comply with Fly To Fit's instructions promptly to avoid any potential disputes or additional expenses.