Who owns the photos and videos taken in my Azal Coffee store?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
9.8 Photo and Video Release.
You acknowledge and agree that we may take photos and/or videos in your Store or elsewhere and those photos and videos may include photos and videos of your owners, employees, and customers. If we desire to take photos or videos in your Store, we will provide you with notice one week prior to our arrival. We will not engage in photo or video shoots in your Store more than four (4) times per year. You agree that we may use those photos and videos in advertising, including on our website, social media, on television, in any promotional material, and other Digital Marketing. You hereby give and forever grant to us and our successors, assigns, and licensees, the right to use, publish, and copyright throughout the world in perpetuity any such photos and videos, in whole or part, including alterations, modifications, derivations, and composites of the photos and videos (the "Work"), in advertising and promotion of the Franchise Systems and Store. This right includes, but is not limited to, the right to combine the Work, in whole or in part, with other images, and to alter the Work, by digital means or otherwise, so long as the use is of a lawful purpose. You agree that all Work is our property and will not be returned to you for any reason. You, your owners, your employees and any other individual who appears in any photo or video waives any right to inspect or approve the Work. Additionally, your owners, your employees and any other individual appearing in any photo or video waive any right to royalties or other compensation arising or related to the use of any Work. You and your owners hereby hold us harmless from and against and release and forever discharge us from all claims, demands, and causes of action which you, your owners, your employees, and each of their respective successors, assigns, heirs, representatives, executors, administrators, or any other persons on their or your behalf or may have by reason of this authorization. To the extent required for us to use any Work, you shall secure any and all legal, written consents from your employees (upon their hiring) and customers to authorize us to use any Work as contemplated in this Section.
Source: Item 22 — CONTRACTS (FDD page 51)
What This Means (2024 FDD)
According to Azal Coffee's 2024 Franchise Disclosure Document, Azal Coffee owns the rights to photos and videos taken in your store. Azal Coffee is allowed to take photos and videos in your store, providing one week's notice before arrival, and is limited to four shoots per year. These photos and videos may include owners, employees, and customers.
Azal Coffee has the right to use these photos and videos in advertising and promotional materials, including on their website, social media, television, and other digital marketing platforms. This grant is perpetual and worldwide, allowing Azal Coffee to use, publish, and copyright the photos and videos, including modifications and composites. The franchisee gives up any rights to the photos and videos, and they become the property of Azal Coffee.
The franchisee, along with their owners and employees, waives any right to inspect or approve the photos and videos, as well as any right to royalties or compensation related to their use. The franchisee also agrees to hold Azal Coffee harmless from any claims related to the use of these photos and videos. The franchisee is responsible for securing written consents from employees upon hiring and customers, authorizing Azal Coffee to use the photos and videos as described in the agreement.