What is the B Bops Company's responsibility regarding the Licensed Marks?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
t 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.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to the 2025 B Bops Franchise Disclosure Document, B Bops has several responsibilities regarding the Licensed Marks. B Bops will develop and provide advertising, promotional, and public relations campaigns to promote the Licensed System and the Licensed Marks, using funds collected from franchisee advertising fees. All decisions regarding the content, concepts, materials, and media used in these campaigns are at the sole discretion of B Bops. However, B Bops is not obligated to develop or provide advertising campaigns if it has waived the franchisee's advertising fee. B Bops will inform franchisees of any modifications, additions, or revisions to the Licensed System, the Licensed Marks, or the Operations Manual through periodic updates or written materials.
B Bops retains the right to add to the Licensed Marks by notifying the franchisee in writing, and these additions will be classified as Licensed Marks. B Bops also has the right to require the franchisee to discontinue or modify the use of any Licensed Marks within 30 days of written notice. The franchisee must notify B Bops of any challenges to the franchisee's use of the Licensed Marks, any third-party claims to rights in the Licensed Marks, or any apparent infringement of the Licensed Marks. B Bops has complete discretion in taking action on such notifications and has exclusive control over any litigation regarding the Licensed Marks.
These stipulations are typical in franchise agreements, as the franchisor needs to maintain brand consistency and protect its trademarks. Franchisees are generally required to use the franchisor's marketing materials and adhere to brand standards. The franchisee's agreement to promptly implement any modifications, additions, or other revisions to the Licensed System, the Licensed Marks, or the standards as set forth in the Operations Manual within such period of time as B Bops specifies ensures that the franchisee will keep current with the B Bops system.