What happens if someone modifies B Bops' plans and specifications with consent?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
The Company will provide you with construction plans and specifications from which you will be responsible for having site specific plans and specifications prepared for construction of the Franchise premises and for having the plans and specifications certified. You are required to bear all expenses associated with (i) transforming the Company's plans and specifications into site specific plans and specifications (ii) assuring that such plans and specifications comply with all local codes, regulations or ordinances applicable to construction of the Franchise premises and (iii) having the plans and specifications certified. The plans and specifications shall remain the confidential property of the Company at all times and must be returned to the Company after construction of the Franchise premises is completed. No modifications of the Company's plans and specifications can be made without the Company's prior consent and any such consent will be subject to the person making the modification executing and delivering to the Company an assignment of such person's rights in the modified plans and specifications. (Section 8(B) of the Franchise Agreement)
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 25–33)
What This Means (2025 FDD)
According to B Bops' 2025 Franchise Disclosure Document, franchisees are responsible for adapting the franchisor's standard construction plans to meet local requirements. These plans remain the confidential property of B Bops and must be returned after construction.
Specifically, if a franchisee obtains B Bops' consent to modify the construction plans, the party making the modifications must legally assign their rights in the modified plans back to B Bops. This ensures that B Bops retains ownership and control over any changes made to their proprietary designs, even if those changes were developed by someone else.
This requirement protects B Bops' brand standards and intellectual property. It also allows B Bops to incorporate successful modifications into their standard plans for future franchisees, while preventing unauthorized use or distribution of the modified plans. Franchisees should ensure they understand this assignment requirement before undertaking any modifications to the standard plans, even with B Bops' permission.