What is the Gokhale Method franchisee prohibited from using that suggests a present association with the System after termination?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
EXPIRATION
Upon termination or expiration of this Agreement for any reason, all rights granted hereunder to you shall forthwith terminate, and:
- 16.1. Cease Operations. You shall immediately cease to operate the Franchised Business, and shall not thereafter, directly or indirectly, represent to the public or hold yourself out as a present or former Gokhale Method Franchised Business. Immediately upon the expiration or termination hereof, you shall dispose of, and not transfer to anyone other than us, any Gokhale Method products, equipment or other items sold hereunder
- 16.2. Cease Use of Confidential Information and Marks. You shall immediately and permanently cease to use, in any manner whatsoever, any of our Intellectual Property, including but not limited to Confidential Information, methods, procedures and techniques associated with the System, and all Marks and distinctive forms, slogans, signs, symbols, colors, and devices associated with the System. In particular, you shall cease to use, without limitation, all signs, advertising materials, displays, stationery, forms, products and any other articles that display the Marks. You shall de-identify the Location of the Franchised Business so that there is no use or display of the Marks after the effective date of termination or expiration.
- 16.3. Cancellation of Registrations. You shall take such action as may be necessary to cancel any assumed name registration or equivalent registration obtained by you which contains the "Gokhale" word, or any other Marks, and you shall furnish us with evidence satisfactory to us of compliance with this obligation within five (5) days after termination or expiration of this Agreement.
- 16.4. Assignment of Lease. You shall, at our option, except in the event you continue to operate any other business you were operating from the same Location assign to us any interest which you have in any lease or sublease for the Location.
Source: Item 22 — CONTRACTS (FDD page 34)
What This Means (2024 FDD)
According to the 2024 Gokhale Method Franchise Disclosure Document, upon termination or expiration of the Franchise Agreement, a franchisee must immediately and permanently cease using any of Gokhale Method's intellectual property. This includes confidential information, methods, procedures, techniques associated with the Gokhale Method system, and all Marks. The Marks include distinctive forms, slogans, signs, symbols, colors, and devices associated with the Gokhale Method System.
Specifically, the franchisee must stop using all signs, advertising materials, displays, stationery, forms, products, and any other articles that display the Marks. The franchisee is also required to de-identify the location of the Franchised Business to ensure there is no use or display of the Marks after the termination or expiration date.
Additionally, the franchisee must cancel any assumed name registrations or equivalent registrations that contain the word "Gokhale" or any other Marks. Evidence of compliance with this obligation must be furnished within five days after termination or expiration of the agreement. Furthermore, the franchisee must cease using any of Gokhale Method's domain names, URLs, email addresses, or home page addresses, and must not establish any website using similar or confusing domain names, URLs, or home page addresses.