What post-term obligations of the Southern Steer Franchise Agreement survive expiration or termination?
Southern_Steer Franchise · 2025 FDDAnswer from 2025 FDD Document
s where Franchisee has used the above items;
- (f) immediately cease all marketing or advertising which includes any of the Marks and cease using any and all items or materials which bear or include any of the Marks;
- (g) immediately cancel all fictitious or assumed names or equivalent registrations relating to Franchisee's Southern Steer Business;
- (h) within five business days of Franchisor's notice, execute additional documentation required by Franchisor to effectuate this Section 21.1;
- (i) execute the release in a form specified by Franchisor within five business days of Franchisor providing such release to Franchisee;
- (j) comply with all other applicable provisions of this Agreement, including all other post-term obligations which expressly or by their nature survive the expiration or termination of this Agreement; and
- (k) alter the Franchised Location in accordance with Section 21.2.
- 21.2. Alteration of Franchised Location. If this Agreement expires or is terminated for any reason or if the Franchised Location ever ceases to be used for the Franchisee's Southern Steer Business, then within 30 days after the date of the expiration or termination of this Agreement or the date on which the Franchised Location is no longer used for the Franchisee's Southern Steer Business (whichever is applicable), the Franchisee will, at its expense, alter, modify and change both the exterior and interior appearance of the building and the Franchised Location so that it will be clearly distinguished from the standard appearance of a Southern Steer Business. At a minimum, such changes and modifications to the Franchised Location will include, but not be limited to: (a) repainting and, where applicable, recovering both the exterior and interior walls of the Franchised Location with entirely different colors, including removing any distinctive colors and designs from the walls; (b) removing all furniture, fixtures and other decor items associated with Southern Steer Businesses and replacing them with other decor items not of the general type and appearance customarily used in Southern Steer Businesses; (c) removing all exterior and interior Southern Steer signs; and (d) immediately discontinuing use of the approved wall decor items and window decals, and refraining from using any items which may be confusingly similar to those used in Southern Steer Businesses. Franchisee agrees that Franchisor or a designated agent may enter upon the Premises at any time to make such changes at Franchisee's sole risk and expense and without liability for trespass.
- 21.3. Prohibited Activity. After any termination, expiration, Transfer or cancellation of this Agreement for any reason whatsoever, Franchisee, its Owners, Operating Principal, Guarantor(s) agree:
- (a) not to directly or indirectly at any time or in any manner identify or do anything to indicate that they (except in resumes or applications in pursuit of employment) or any business are or were a current or former franchisee or are or were otherwise associated with Franchisor;
- (b) not to use any of the System, Confidential Information, Trade Secrets, Brand Manual, Website, Marks, Franchisor or its Affiliates proprietary materials or colorable imitation thereof or anything confusingly similar thereto;
- (c) not use any indicia of Franchisor or of the Southern Steer Business in any manner for any purpose;
- (d) not, at any time or in any manner, disparage or take any action detrimental or disruptive to Franchisor, its Affiliates, owners, officers, directors, members, or any other Southern Steer franchisees, licensees or their products or services; and
- (e) not conduct or promote any business under any name or in any manner that might tend to give the general public the impression that the Franchisee is continuing to operate as a Southern Steer franchisee.
- 21.4. Telephone Listings; Social Media Accounts.
Source: Item 22 — ITEM. 22 CONTRACTS (FDD pages 61–168)
What This Means (2025 FDD)
According to the 2025 Southern Steer Franchise Disclosure Document, several obligations survive the termination or expiration of the Franchise Agreement. These obligations ensure the franchisee ceases operating as a Southern Steer business and protects Southern Steer's brand and system.
Specifically, the franchisee must comply with all applicable provisions of the agreement, including post-term obligations that expressly or by their nature survive the expiration or termination. The franchisee is obligated to alter the franchised location within 30 days of termination or expiration so that it no longer resembles a Southern Steer business. This includes repainting the interior and exterior with different colors, removing Southern Steer-related furniture and decor, and removing all Southern Steer signs.
Additionally, the franchisee must immediately cease operating the Southern Steer Business, pay all outstanding fees, return the Brand Manual and all other printed materials pertaining to the Southern Steer Business, and notify callers that the business is no longer a Southern Steer franchise. The franchisee must also remove all references to Southern Steer from telephone listings, websites, and social media, cease all marketing using Southern Steer's marks, and cancel any assumed names related to the business. The franchisee must also execute a release in a form specified by Southern Steer within five business days of Southern Steer providing such release to the franchisee.