Upon termination of the Mr. Sandless Franchise Agreement, what is the franchisee obligated to do with their Electronic Advertising?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
On Termination of the Franchise Agreement, or on periodic request of Franchisor, Franchisee will immediately:
- 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.
Franchisee hereby directs the Internet Companies and Telephone Companies to accept, as conclusive proof of Termination of the Franchise Agreement, Franchisor's written statement, signed by an officer or agent of Franchisor, that the Franchise Agreement has terminated.
After the Internet Companies and the Telephone Companies have duly transferred all Franchisee's interests as described in paragraph 2.3 above to Franchisor, as
between Franchisee and Franchisor, Franchisee will have no further interest in, or obligations with respect to the particular Electronic Advertising and/or Telephone Listing. Notwithstanding the foregoing, Franchisee will remain liable to each and all of the Internet Companies and Telephone Companies for the respective sums Franchisee is obligated to pay to them for obligations Franchisee incurred before the date Franchisor duly accepted the transfer of such interests, or for any other obligations not subject to the Franchise Agreement or this Agreement.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, upon termination of the Franchise Agreement, the franchisee has several obligations regarding electronic advertising and telephone listings. Mr. Sandless is granted the power to direct Internet and Telephone Companies to transfer the franchisee's interest in Electronic Advertising and Telephone Listings to Mr. Sandless or terminate these listings. To facilitate this, the franchisee grants Mr. Sandless the authority to execute standard assignment forms required by Internet and Telephone Companies for such transfers or terminations. Mr. Sandless will provide written proof of termination to these companies, which the franchisee agrees will be accepted as conclusive.
Once the Internet and Telephone Companies transfer the franchisee's interests to Mr. Sandless, the franchisee will have no further interest in or obligations related to the specific Electronic Advertising and/or Telephone Listings, as between the franchisee and Mr. Sandless. However, the franchisee remains responsible for any outstanding payments or obligations owed to the Internet and Telephone Companies that were incurred before the transfer date and are not subject to the Franchise Agreement or related agreements.
Additionally, the franchisee must promptly take action to cancel all registrations related to the use of Mr. Sandless's proprietary marks, including electronic addresses, domain names, search engines, or websites that associate the franchisee with Mr. Sandless. The franchisee must also notify the telephone company and listing agencies about the termination of their right to use any telephone number and directory listings associated with Mr. Sandless, authorizing the transfer of these to Mr. Sandless or a new franchisee. The franchisee acknowledges that Mr. Sandless has sole rights to all social media accounts, email addresses, telephone numbers, and other listings associated with the proprietary marks.