factual

Can All Team change the software used by the franchisee?

All_Team Franchise · 2025 FDD

Answer from 2025 FDD Document

that upon request of the FRANCHISEE, it will provide FRANCHISEE with suggestions for layout and design of the Agency. In any event, FRANCHISEE agrees to submit to ATFC for its consent in advance in writing, the planned location, layout, furnishings and decorations for the office.

  • F. Software. ATFC hereby grants to FRANCHISEE a nonexclusive, nontransferable, nonassignable and non sublicensable license to, use the proprietary computer software program licensed or such other software as ATFC may designate, including any modifications, additions or enhancements to such software ("Software") during the term of this Agreement and subject to the limitations on use and other requirements set forth in this Section VII.F. FRANCHISEE understands that ATFC has the right to change the Software at any time in ATFC's sole discretion. In such event, FRANCHISEE may be required to change the licensed software FRANCHISEE uses, FRANCHISEE will do so at FRANCHISEE's sole cost and expense and may be required to sign new documentation to license the right to use the new software.

    1. FRANCHISEE and its employees will use the Software for the operation of the Agency in accordance with the terms of this Agreement and the terms, conditions and procedures set forth in the Manual or otherwise disclosed to FRANCHISEE, which may change from time to time. ATFC may require FRANCHISEE to modify, enhance and/or replace all or any part of the Software at any time and at FRANCHISEE's sole expense.
    1. ATFC or its affiliates will host some portion or all of the Software on ATFC's corporate servers at ATFC's sole and absolute discretion. In the event ATFC or its affiliates provide any hosting services, ATFC or its Affiliates reserve the right to do so according to terms and conditions ATFC or its affiliates may establish, including limiting ATFC's liability for the security of data transmitted over the Internet and establishing limitations on data storage size and the periodic purging of FRANCHISEE's data required as a result thereof.
    1. FRANCHISEE acknowledges that the only rights in the Software granted by ATFC to FRANCHISEE are those specified in this Section VII.F. FRANCHISEE has no rights other than those granted by this Section VII.F to use the Software or any enhancements thereto or documentation relating to either of the foregoing and any adaptations or modifications thereof. FRANCHISEE agrees to make no claim of any ownership interest in the intellectual property rights, including copyright in the Software and any adaptations or modifications thereof.
    1. FRANCHISEE acknowledges that the Software, in both object code and source code, is secret and proprietary and that its use and disclosure is restricted by the provisions of this Agreement. FRANCHISEE shall not (i) make any copies of the Software; (ii) shall not attempt to disassemble or decompile the Software object code or otherwise attempt to discern the Software source code; (iii) access or allow the access of the Software (or any addition to or modification of the Software) other than by FRANCHISEE's authorized employees; (iv) sell, lease, assign, sublicense or otherwise transfer FRANCHISEE's license to use the Software other than in connection with a transfer of this Agreement; (v) alter, maintain, enhance or otherwise modify the Software; (vi) decompile, disassemble, or otherwise analyze for reverse engineering purposes, the Software; (vii) permit any parent, subsidiary, affiliate or third party to use the Software; (viii) alter, amend, modify or mask any copyright, trademark, proprietary or other notice affixed to or incorporated in the Software; or (ix) circumvent or otherwise interfere with any security measures ATFC and its affiliates may use in connection with any hosting services ATFC or its affiliates may provide.
    1. Documentation that accompanies the Software, if any, is provided solely to support FRANCHISEE's authorized use of the Software. FRANCHISEE may not use, copy, modify or distribute the documentation, or any copy, adaptation, transcription, summary or merged portion thereof.
    1. FRANCHISEE shall promptly disclose to ATFC all ideas and suggestions for modification or enhancements of the Software, or any component thereof, and ATFC and all its affiliates and franchisees shall have the right to use, develop and license such ideas and suggestions in any manner, in ATFC's sole discretion, and without any obligation to FRANCHISEE therefore.

Source: Item 22 — CONTRACTS (FDD pages 33–34)

What This Means (2025 FDD)

According to All Team's 2025 Franchise Disclosure Document, All Team has the right to change the software that franchisees use at any time and at their sole discretion. If All Team changes the software, franchisees may be required to change the licensed software they use and may be required to sign new documentation to license the right to use the new software. The franchisee will bear the sole cost and expense of these changes.

All Team may require franchisees to modify, enhance, or replace all or any part of the software at any time, again at the franchisee's sole expense. All Team or its affiliates will host some portion or all of the software on All Team's corporate servers at All Team's sole and absolute discretion. All Team also has unlimited rights to remotely access the software and all information contained within it and may use the information contained in the franchisee's copy of the software for any purpose All Team deems appropriate.

Franchisees must promptly disclose to All Team all ideas and suggestions for modification or enhancements of the software. All Team, its affiliates, and franchisees have the right to use, develop, and license such ideas and suggestions in any manner, in All Team's sole discretion, and without any obligation to the franchisee. All Team does not provide any warranty that the software is error-free or that its use will be uninterrupted or error-free and will have no obligation or liability for any expense or loss incurred by the franchisee arising from the use of the software.

All Team may also change the components of the systems, including altering the computer system including software and hardware. Franchisees expressly agree to abide by any such modifications, changes, additions, deletions, and alterations and acknowledge that such modifications, changes, additions, deletions, and alterations will require further expenditures by the franchisee. Changes in software programs or other changes in the System will require franchisees to upgrade their computer system and incur costs in obtaining other or additional computer hardware, equipment, and software.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.