Does a 7 Brew franchisee have sole responsibility for upgrading the Computer System?
7_Brew Franchise · 2025 FDDAnswer from 2025 FDD Document
advise your suppliers and others with whom you, we, our affiliates, and other franchisees deal that you are in default under any agreement with us or our affiliates (but only if we or our affiliate has notified you of such default).
E. Computer System
(1) You agree to obtain and use the computer hardware and software, point-of-sale system, computer-related accessories and peripheral equipment, tablets, smart phones, on-line, digital, and App ordering systems, and on-line inventory ordering system we periodically specify (the "Computer System"). You must use the Computer System to access the System Website and
to input and access information about your sales and operations. The Computer System must operate continuously. We will have continuous, unlimited access to all information maintained on the Computer System (excluding matters relating to labor relations and employment practices) and to the content of any 7 BREW e-mail accounts we provide you.
- (2) We may periodically modify the Computer System's specifications and components. Our modification of Computer System specifications and/or other technological developments or events may require you to purchase, lease, or license new or modified computer components, software, and peripherals and to obtain service and support for the Computer System. Although we cannot estimate the future costs of the Computer System or required service or support, you must incur the costs to obtain the computer components, software, and peripherals comprising the Computer System (and additions and modifications) and required service or support. These costs are not covered by the Tech Fees that we may require you to pay us under Section 5.C above. Within sixty (60) days after we deliver notice to you, you must obtain the Computer System components we designate and ensure that your Computer System, as modified, is functioning properly.
- (3) We and our affiliates may condition any license to you of required or recommended proprietary software, and/or your use of technology developed or maintained by or for us, on your signing a software license agreement, liability waiver, and/or similar document, or otherwise agreeing to the terms (for example, by acknowledging your consent to and accepting the terms of a click-through license agreement), that we and our affiliates periodically prescribe to regulate your use of, and our (or our affiliates') and your respective rights and responsibilities with respect to, the software or technology.
Source: Item 22 — CONTRACTS (FDD pages 82–83)
What This Means (2025 FDD)
According to 7 Brew's 2025 Franchise Disclosure Document, franchisees do not have sole responsibility for upgrading the Computer System. 7 Brew retains the right to periodically modify the Computer System's specifications and components. These modifications may require franchisees to purchase, lease, or license new or modified computer components, software, and peripherals, as well as obtain service and support for the Computer System. While franchisees are responsible for the costs associated with these upgrades, 7 Brew decides when these upgrades are necessary.
Franchisees are required to obtain and use the computer hardware and software, point-of-sale system, computer-related accessories and peripheral equipment, tablets, smart phones, on-line, digital, and App ordering systems, and on-line inventory ordering system that 7 Brew specifies. The Computer System must operate continuously, and 7 Brew has continuous, unlimited access to all information maintained on the system, excluding matters relating to labor relations and employment practices.
7 Brew also collects a weekly technology fee from franchisees, not to exceed 0.25% of the Store's weekly Gross Sales, to fund technology expenditures for the Franchise System. However, despite paying this fee, franchisees are still responsible for paying third-party vendors for the costs of and support services for their Store's Computer System. 7 Brew has no obligation to account for how the Tech Fees are used or to ensure that franchisees benefit directly or proportionally based on their payments. This means that while 7 Brew may use the technology fees to make improvements to the system, franchisees are still responsible for the costs of upgrades and support.