factual

After the Hydrodog franchise agreement expires, can Hydrodog remove items containing Hydrodog marks from the business?

Hydrodog Franchise · 2025 FDD

Answer from 2025 FDD Document

17.2 Marks. Upon the termination or expiration of this Agreement:

  • (a) you may not directly or indirectly at any time or in any manner (except with respect to other HydroDog Businesses you own and operate) identify yourself or any business as a current or former HydroDog Business, or as one of our licensees or franchisees, use any Mark, any colorable imitation of a Mark or other indicia of a HydroDog Business in any manner or for any purpose or utilize for any purpose any trade name, trade or service mark or other commercial symbol that indicates or suggests a connection or association with us;
  • (b) you agree to take immediate action as may be required to cancel all fictitious or assumed name or equivalent registrations relating to your use of any Mark;
  • (c) if we do not have or do not exercise an option to purchase your HydroDog Business pursuant to this Agreement, you agree to deliver to us within thirty (30) days after, as applicable, the effective date of expiration of this Agreement or the Notification Date all signs, sign-faces, sign-cabinets, marketing materials, forms and other materials containing any Mark or otherwise identifying or relating to a HydroDog Business and allow us, without liability to you or third parties, to remove all such items from your HydroDog Business;

  • (d) if we do not have or do not exercise an option to purchase your HydroDog Business pursuant to this Agreement, you agree that after the effective date of expiration of this Agreement or the Notification Date (whichever is applicable), you will promptly and at your own expense make such alterations we specify to distinguish your HydroDog Business clearly from its former appearance and from other the HydroDog Businesses so as to prevent confusion by the public;

  • (e) if we do not have or do not exercise an option to purchase your HydroDog Business pursuant to this Agreement you agree that after the effective date of expiration of this Agreement or the Notification Date (whichever is applicable), you will notify the telephone company and all telephone directory publishers of the termination or expiration of your right to use any telephone, telecopy or other numbers and any regular, classified or other telephone directory listings associated with any Mark, authorize the transfer of such numbers and directory listings to us or at our direction and/or instruct the telephone company to forward all calls made to your telephone numbers to numbers we specify;

  • (f) you agree to furnish us, within 30 days after the effective date of expiration of this Agreement or the Notification Date (whichever is applicable), with evidence satisfactory to us of your compliance with the foregoing obligations;

  • (g) you, upon notice from us, automatically transfer to us or our designee ownership and right of possession of the HydroDog Vehicle; and

  • (h) you agree that our trailer shape and design embodies our Marks and is integral to our Goodwill, and you will completely de-identify the shape, size and color of the HydroDog Vehicle, to our sole satisfaction and at your own expense, which may, at our option, require you to remove its outer shell, or build a different shaped shell around the shell.

Source: Item 23 — RECEIPTS (FDD pages 43–166)

What This Means (2025 FDD)

According to Hydrodog's 2025 Franchise Disclosure Document, upon the expiration or termination of the franchise agreement, Hydrodog has specific rights regarding the removal of items bearing its marks from the former Hydrodog Business, provided they do not exercise their option to purchase the business.

Specifically, if Hydrodog does not purchase the Hydrodog Business, the franchisee must deliver all signs, sign-faces, sign-cabinets, marketing materials, forms, and other materials containing any Hydrodog mark to Hydrodog within 30 days of the agreement's expiration or the Notification Date. Furthermore, the franchisee must allow Hydrodog to remove these items from the Hydrodog Business without liability. The franchisee is also responsible for altering the business's appearance to clearly distinguish it from its former appearance and other Hydrodog Businesses to prevent public confusion, at their own expense.

Additionally, the franchisee must notify the telephone company and directory publishers about the termination of their right to use any telephone numbers or listings associated with Hydrodog marks and authorize the transfer of such numbers and listings to Hydrodog. The franchisee must also provide evidence of compliance with these obligations within 30 days of the expiration date or Notification Date. The Hydrodog Vehicle's shape and design are considered integral to Hydrodog's marks and goodwill, requiring the franchisee to completely de-identify the vehicle to Hydrodog's satisfaction and at their own expense, potentially including removing its outer shell or building a different shaped shell around it.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.