What is the B Bops Company's responsibility regarding the Franchisee's operation of the Franchise?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
TIONS OF COMPANY. Subject to the terms and
conditions of this Agreement, Company agrees to provide Franchisee with the following services and assistance during the term of this Agreement:
- A. Development of Advertising. Company shall, with the funds collected pursuant to the advertising fee paid by Franchisee and all other franchisees, develop and provide to Franchise advertising, promotional and public relations campaigns to promote the Licensed System and the Licensed Marks. All decisions from time to time regarding the content, concepts, materials and media used in developing such campaigns shall be within the sole discretion of Company. Franchisee shall be responsible at its own expense for implementing such campaigns in accordance with Section 10(D) hereof. Notwithstanding the foregoing, Franchisee acknowledges and agrees that Company shall be under no obligation to develop or provide advertising campaigns to Franchisee during any period of time in which Company has elected to waive payment in whole of the advertising fee by Franchisee.
- B. Support Trips. Company will make a minimum of two (2) trips per year to the Franchise Premises to provide on-site support and advisory services to Franchisee for the proper operation of the Franchise. Each support trip shall be made at the expense of Company and shall be scheduled at Company's discretion. Additional support trips made at the request of Franchisee shall be at the expense of Franchisee. Company shall be entitled to conduct an inspection of the Franchise Premises during the course of any support trip.
- C. Operating Assistance. Company shall from time to time provide Franchisee with such advice and guidance regarding the proper operation of the Franchise as Company may in its discretion deem appropriate. Such assistance will typically consist of consultation and advice regarding standard operating procedures for a B-Bop's Restaurant, specific operating problems encountered by Franchisee, analysis of financial reports submitted by Franchisee, development and implementation of advertising and promotional campaigns and updates or improvements to the Licensed System. The timing and methods of providing such assistance and consultation shall be left to the discretion of Company, but may include communication by telephone, updates to the Operations Manual and on-site support trips required of Company.
- D. Updates to System or Marks. Company will inform Franchisee on a timely basis of any modifications, additions or other revisions, if any, of the Licensed System, the Licensed Marks or the Operations Manual. Such modifications, additions or revisions shall be distributed to the Franchisee in the form of periodic updates to the Operations Manual or through other written material sent to Franchisee.
- E. Additional Training. In the event Franchisee or its manager request additional training, or in the event Franchisee hires a new manager for the Franchise, Company shall provide such additional training upon payment by Franchise of a fee not to exceed Two Thousand Dollars ($2,000).
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- OWNERSHIP AND VALIDITY OF LICENSED MARKS. Franchisee acknowledges Company's exclusive right, title and interest in and to the Licensed Marks and the
goodwill associated therewith, and that any trademark registrations granted to Company by the United States or any state are duly and validly issued. Franchisee will not, at any time during the Term of this Agreement or thereafter, do or cause to be done any act or thing contesting or in any way impairing any part of such right, title and interest. Franchisee shall not represent that it has any ownership rights in the Licensed Marks or in any registration thereof and acknowledges that its use of the Licensed Marks shall not create in its favor any right, title or interest in the Licensed Marks, but all uses of the Licensed Marks by Franchisee and any goodwill established thereby shall inure solely to the benefit of Company. Franchisee shall not undertake any act which Franchisee knows, or is notified by Company, may adversely affect the validity of the Licensed Marks.
- USE OF LICENSED MARKS. Franchisee acknowledges and agrees that Franchisee has a duty and that it is in Franchisee's best interest to maintain and enhance the goodwill inherent in the Licensed Marks. Franchisee accordingly agrees that its use of the Licensed Marks shall comply with the policies set forth in the Operations Manual and be limited solely to display in connection with operation of the Franchise on the Franchise Premises. Franchisee agrees not to use, display or imitate the Licensed Marks in connection with any goods or services not authorized for the Licensed System, except with the prior written consent of Company. Franchisee further agrees not to use the words "B-Bop's" as a part of the name of any partnership, corporation or limited liability company through which the Franchise is to be owned or operated.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to B Bops's 2025 Franchise Disclosure Document, the company has several ongoing responsibilities to assist franchisees in operating their B Bops restaurants. B Bops will develop and provide advertising, promotional, and public relations campaigns to promote the B Bops system and marks, using funds collected from franchisee advertising fees. However, B Bops is not obligated to provide advertising campaigns if it has waived the advertising fee for the franchisee.
B Bops is expected to make a minimum of two support trips per year to the franchise premises to provide on-site support and advisory services, at the company's expense. Additional support trips requested by the franchisee will be at the franchisee's expense. During these trips, B Bops is entitled to inspect the franchise premises. The company will also provide advice and guidance regarding the proper operation of the franchise, including consultation on standard operating procedures, specific operating problems, analysis of financial reports, and updates to the B Bops system. The timing and methods of providing this assistance are at B Bops's discretion.
B Bops will also inform franchisees of any modifications, additions, or revisions to the licensed system, licensed marks, or the operations manual through periodic updates or other written materials. To maintain uniformity, B Bops can require franchisees to purchase equipment, fixtures, signage, supplies, and food and beverage products from approved or designated suppliers, which may include B Bops or its affiliates. B Bops also has the right to inspect the franchise premises during business hours to ensure compliance with the operations manual and the franchise agreement, and franchisees must cooperate with these inspections and remedy any noncompliance within a specified timeframe.