Who is liable for damages caused during the removal of signs and materials by Fly To Fit or its designee?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
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- Right to Enter. Upon the expiration or termination of the Franchise Agreement or the Lease, or the termination of Tenant's right of possession of the Leased Premises, Franchisor or its designee may, after giving reasonable prior notice to Landlord, enter the Leased Premises to remove signs and other material bearing Franchisor's brand name, trademarks, and commercial symbols, provided that Franchisor will be liable to Landlord for any damage Franchisor or its designee causes by such removal.
Source: Item 23 — RECEIPTS (FDD pages 44–134)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, Fly To Fit or its designee may enter the premises after the termination or expiration of the Franchise Agreement or the lease to remove signs and other materials bearing Fly To Fit's brand name, trademarks and commercial symbols. However, this is only after providing reasonable prior notice to the landlord.
The FDD states that Fly To Fit will be liable to the landlord for any damage that Fly To Fit or its designee causes during such removal. This means that if Fly To Fit or someone they hire to remove the signage damages the property, Fly To Fit is responsible for covering the costs of those damages to the landlord.
This clause protects the landlord by ensuring they are not responsible for damages caused during the removal of Fly To Fit branding after a franchise agreement ends. It also clarifies that Fly To Fit cannot simply enter the premises without notice; they must provide reasonable prior notification to the landlord before removing any materials.