If Fly To Fit Franchise de-identifies the location, are they accountable for any damage caused?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
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, the franchisee is responsible for de-identifying the location within 30 days of termination or expiration of the franchise agreement. This means removing all Fly To Fit marks, signage, and trade dress to the reasonable satisfaction of Fly To Fit Franchise.
If the franchisee fails to de-identify the location within the specified timeframe, Fly To Fit Franchise has the right to enter the location and perform the de-identification themselves.
In this case, Fly To Fit Franchise will not be held accountable or required to pay for any assets removed or altered during the de-identification process, nor will they be responsible for any damages caused by their actions. This provision protects Fly To Fit from liability when they have to step in to protect their brand after a franchisee's departure.