What must a Mr. Sandless franchisee do to effectuate the intent of Article 23 after termination or expiration?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
23. YOUR OBLIGATIONS UPON TERMINATION
23.1 Your Obligations
Upon termination or expiration of this Agreement, you shall:
23.1.1 Promptly pay to us any sums due and owing, and to other persons or entities sums which may result in a claim of liability to us;
23.1.2 Immediately cease using the Proprietary Marks, Copyrights and Confidential Information and refrain from referencing any past association with us;
23.1.3 Immediately discontinue all advertising under the names "Mr.
Sandless" or any similar name, and (iii) de-identify the service vehicle(s) and any office location;
- 23.1.4 Promptly take such action as may be required to cancel all registrations relating to the use of any of the Proprietary Marks, including, but not limited to, any electronic address, domain name, search engine or website that associates you with us, the Business or the Proprietary Marks (if we allowed you to establish same), as well as any trade name or assumed name registrations, and will not directly or indirectly at any time or in any manner identify any premises or any business as a franchise, or yourself as a franchisee, of ours; and you shall not, in any manner or for any purpose, use any of the Proprietary Marks or any colorable imitation thereof You shall notify the telephone company and all listing agencies of the termination or expiration of your right to use any telephone number and any classified or other telephone directory listings associated with such names and to authorize the transfer of same to us or our new franchisee.
You acknowledge that, as between us and you, we have the sole rights to and interest in all , social media accounts, electronic mail addresses, telephone numbers, and other listings associated with the Proprietary Marks.
You will provide us, on execution, with an undated assignment of the telephone number to us, in the form annexed hereto as Attachment 5;
- 23.1.5 If directed by us, promptly make such changes and modifications in your business methods, business facility, and otherwise as we direct so as to effectively distinguish your business from any appearance as a Mr.
Sandless Business;
23.1.6 Promptly destroy or surrender to us, at your expense, all signs, stationery, letterhead, forms and other printed materials containing any of the Proprietary Marks or any other similar name or mark;
23.1.7 Promptly return to us, at your expense, the Operations Manual and other materials provided by us or containing Confidential Information or Trade Secrets, or other information which relates to the System or the operation of the Business, including but not limited to computer files, customer data, programs and other materials provided to you by us;
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, Article 23 outlines the obligations of the franchisee upon termination or expiration of the franchise agreement. To comply with Article 23, a franchisee must promptly pay any outstanding sums owed to Mr. Sandless, as well as any other debts that could result in a liability claim against Mr. Sandless. The franchisee must also immediately stop using Mr. Sandless's proprietary marks, copyrights, and confidential information, and refrain from indicating any past association with the company.
Additionally, the franchisee is required to immediately cease all advertising under the Mr. Sandless name or any similar name. They must also de-identify any service vehicles and office locations to remove any association with the Mr. Sandless brand. The franchisee must take action to cancel registrations related to the use of Mr. Sandless's proprietary marks, including electronic addresses, domain names, search engines, and websites that associate the franchisee with Mr. Sandless. They must also cancel any trade name or assumed name registrations and avoid identifying any premises or business as a Mr. Sandless franchise.
The franchisee is obligated to notify the telephone company and all listing agencies about the termination or expiration of their right to use any telephone number and directory listings associated with the Mr. Sandless name, and authorize the transfer of these to Mr. Sandless or a new franchisee. If directed by Mr. Sandless, the franchisee must promptly make changes to their business methods and facilities to distinguish their business from a Mr. Sandless business. All signs, stationery, letterhead, forms, and other printed materials containing Mr. Sandless's proprietary marks must be destroyed or surrendered to Mr. Sandless at the franchisee's expense.
Finally, the franchisee must return the Operations Manual and other materials provided by Mr. Sandless that contain confidential information, trade secrets, or other information related to the Mr. Sandless system or the operation of the business, including computer files, customer data, and programs.