After the Hyper Kidz franchise agreement terminates or expires, what are franchisees prohibited from doing regarding identifying themselves as associated with Hyper Kidz?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
19.2.1 Upon the termination or expiration of this Agreement, you shall:
(a) not thereafter, directly or indirectly, at any time or in any manner identify yourself or any business as a current or former Hyper Kidz Business or as a current or former franchisee of ours or otherwise associated with us, or use any Mark, any colorable imitation thereof or any mark substantially identical to or deceptively similar to any Mark in any manner or for any purpose, or utilize for any purpose any trade name, trademark or service mark, domain name, or other commercial symbol or trade dress that suggests or indicates a connection or association with us;
(b) remove all signs containing any Mark and return to us or destroy forms and materials containing any Mark or otherwise identifying or relating to a Hyper Kidz Business;
(c) take such action as may be required to cancel or, at our option, to transfer to us or our designee all fictitious or assumed name or equivalent registrations relating to your use of any Mark;
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to Hyper Kidz's 2024 Franchise Disclosure Document, after the franchise agreement terminates or expires, franchisees are prohibited from identifying themselves or their business as a current or former Hyper Kidz business or franchisee. They cannot use any Hyper Kidz marks, imitations of those marks, or anything substantially similar to the marks.
This restriction extends to any trade name, trademark, service mark, domain name, or other commercial symbol or trade dress that suggests a connection or association with Hyper Kidz. The franchisee must also remove all signs containing any Hyper Kidz mark and return or destroy any materials that contain the mark or otherwise identify or relate to a Hyper Kidz business.
Furthermore, the franchisee must take action to cancel or transfer to Hyper Kidz all fictitious or assumed name registrations related to the use of any Hyper Kidz mark. These measures ensure that upon termination or expiration of the franchise agreement, the franchisee completely dissociates themselves from the Hyper Kidz brand to avoid any confusion among the public.