What is the Gokhale Method franchisee's obligation regarding the use of 'procedures' in an assumed name registration 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.
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, the franchisee must cease using Gokhale Method's intellectual property, including confidential information, methods, procedures, and techniques associated with the Gokhale Method system. This extends to all marks, distinctive forms, slogans, signs, symbols, colors, and devices associated with the system.
Specifically, the franchisee must discontinue using all signs, advertising materials, displays, stationery, forms, products, and any other articles that display the Gokhale Method marks. The franchisee is also obligated 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.
Furthermore, the franchisee must take necessary actions to cancel any assumed name registration or equivalent registration they obtained that contains the word "Gokhale" or any other Gokhale Method marks. The franchisee is required to provide Gokhale Method with satisfactory evidence of compliance with this obligation within five days after the termination or expiration of the Franchise Agreement.