After termination, is a Mr. Sandless franchisee required to destroy or surrender all materials containing Proprietary Marks at their expense?

According to the 2025 Mr. Sandless Franchise Disclosure Document, upon termination of the Franchise Agreement, the franchisee is obligated to either destroy or surrender all materials containing Mr. Sandless's Proprietary Marks. This includes items like signs, stationery, letterhead, forms, and other printed materials that display the brand's trademarks or similar names. The franchisee bears the expense of either destroying these materials or returning them to Mr. Sandless.

This requirement ensures that after the termination of the agreement, the former franchisee does not continue to use the Mr. Sandless brand or represent themselves as being affiliated with the franchise. This protects the integrity and reputation of the Mr. Sandless brand by preventing unauthorized use of its trademarks and proprietary materials.

In addition to surrendering or destroying branded materials, the franchisee must also return the Operations Manual and any other confidential information or trade secrets to Mr. Sandless at the franchisee's expense. This includes computer files, customer data, programs, and other materials related to the System or the operation of the Mr. Sandless Business. These obligations are designed to ensure a clean break between the franchisee and the Mr. Sandless franchise system, safeguarding the brand's intellectual property and operational methods.