Under what conditions can Gold Star enter the Retail Location to make alterations after termination?
Gold_Star Franchise · 2025 FDDAnswer from 2025 FDD Document
If FRANCHISEE shall fail to make or cause to be made any such removal, alteration or repainting, then the COMPANY shall have the right to enter upon the Retail Location, without being deemed guilty of trespass or any other tort or civil wrong, and make or cause to be made such removal, alterations and repainting at the reasonable expense of FRANCHISEE, which expense FRANCHISEE shall pay the COMPANY upon demand.
Source: Item 23 — Receipts (FDD pages 53–163)
What This Means (2025 FDD)
According to Gold Star's 2025 Franchise Disclosure Document, Gold Star has the right to enter the retail location to make alterations after the franchise agreement has been terminated if the franchisee fails to fulfill certain obligations. Specifically, after termination, the franchisee is required to remove Gold Star's marks from the buildings, signs, fixtures, and furnishings within thirty days of the termination date.
Additionally, the franchisee must alter and repaint the structures and improvements to a design and color that differs significantly from Gold Star's authorized design and painting schedule within thirty days of receiving written notice from Gold Star. This ensures the location no longer resembles a Gold Star restaurant.
If the franchisee fails to make these required removals, alterations, or repainting, Gold Star has the right to enter the retail location to perform these actions themselves. Gold Star will not be considered guilty of trespass or any other tort or civil wrong by entering the premises for this purpose. The franchisee is responsible for covering the reasonable expenses incurred by Gold Star for these alterations and must pay Gold Star upon demand.