Does Azal Coffee have the right to alter photos and videos taken in my store?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
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 has the right to alter photos and videos taken in your store. Azal Coffee may take photos and videos in your store, potentially including owners, employees, and customers. Azal Coffee must provide one week's notice before conducting any photo or video shoots, and these shoots will not occur more than four times per year.
The document states that Azal Coffee can use these photos and videos for advertising purposes, including on their website, social media, television, promotional materials, and other digital marketing platforms. This includes the right to use, publish, and copyright the photos and videos, as well as to make alterations, modifications, derivations, and composites of them. Azal Coffee retains ownership of all such work, and it will not be returned to the franchisee.
Franchisees, their owners, employees, and any individuals appearing in the photos or videos waive any right to inspect or approve the work, as well as any right to royalties or other compensation related to the use of the photos and videos. The franchisee agrees to hold Azal Coffee harmless from any claims related to this authorization.
To enable Azal Coffee to use the photos and videos, franchisees must secure written consents from their employees upon hiring and from customers, authorizing Azal Coffee to use the work as described in the agreement.