Which covenants within the Ledgers Franchise Agreement survive termination or expiration?
Ledgers Franchise · 2025 FDDAnswer from 2025 FDD Document
All of the covenants that may require performance after the termination or expirations will survive any termination or expiration of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 46)
What This Means (2025 FDD)
According to the 2025 Ledgers Franchise Disclosure Document, all covenants that require performance after the termination or expiration of the Franchise Agreement will survive termination or expiration.
Specifically, upon termination or expiration of the Ledgers Franchise Agreement, the franchisee must cease operating the franchised business, discontinue using Ledgers' marks, and cancel all fictitious name filings that include Ledgers' marks. The franchisee is also obligated to pay all outstanding amounts to Ledgers and reimburse clients for fees paid for services not yet rendered. Additionally, the franchisee must transfer all telephone numbers used in relation to the franchise business to Ledgers, if requested, and assist in transferring the lease of the facility, if requested by Ledgers.
Furthermore, the franchisee must return or certify the destruction of all paper and electronic copies of the manual and any confidential information, adhering to post-term non-compete and non-solicitation duties as stated in Section 8.6 of the agreement. The franchisee must also offer Ledgers the option to purchase furniture, equipment, signage, fixtures, and supplies at the adjusted book value within thirty days of termination. Finally, the franchisee must refrain from making disparaging comments about Ledgers or its employees and abide by any other covenant in the agreement that requires performance after the franchise relationship ends.
These post-termination obligations are typical in franchise agreements to protect the brand and goodwill of the franchisor. Prospective Ledgers franchisees should carefully review these sections to understand their responsibilities after the franchise agreement concludes, whether by expiration or termination.