Who owns the B Bops Project Manual, including the plans and specifications?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
The Company will provide to you the Project Manual containing the plans and specifications for the construction of the Franchise Premises. The Project Manual, including the plans and specifications remain the exclusive property of the Company and you are required to return it to the Company after construction of the Franchise Premises is complete. Any modifications to the Project Manual, including the plans and specifications, require the consent of the Company and such consent is subject to the person making the modifications executing and delivering to the Company an assignment of such person's rights to the Project Manual, including the plans and specifications, as modified.
Confidentiality. Under the terms of the Franchise Agreement, you are required to maintain the confidentiality of all trade secrets and proprietary information disclosed to you in connection with operation of the Franchise. You are prohibited from using such information and trade secrets in any other business or activity and must implement all reasonable procedures prescribed from time to time by the Company to prevent unauthorized use or disclosure of such information, including the requirement that your managerial employees execute nondisclosure and noncompete covenants as a condition of employment. If you are an entity such as a corporation, limited liability company or partnership, the confidentiality provisions are also applicable to each shareholder, member or partner and any other person required by the Company to execute the Personal Guaranty attached to the Franchise Agreement. The Development Agreement contains similar provisions concerning your obligation to maintain the confidentiality of the Company's proprietary information.
Material Proceedings.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 37–39)
What This Means (2025 FDD)
According to B Bops's 2025 Franchise Disclosure Document, the Project Manual, which includes the plans and specifications for constructing the franchise premises, remains the exclusive property of the Company. The FDD also states that effective as of March 17, 1995, B-Bop's assigned ownership of the Licensed System and the Operations Manual and the Project Manual to the Company to enable the Company to franchise the B-Bop's Restaurant concept. A separate assignment from B-Bop's to the Company of the copyrights in the Operations Manual and the Project Manual was executed on October 3, 1995.
This means that as a B Bops franchisee, you will be provided with the Project Manual for the construction of your franchise location, but you will not own it. After construction is complete, you are required to return the Project Manual to the Company. This is a fairly standard practice in franchising, as franchisors typically maintain control over their brand's image and building design.
Furthermore, any modifications to the Project Manual require the consent of the Company. If you, or someone you hire, makes changes to the plans, you must assign the rights to those modifications to B Bops. This ensures that B Bops maintains control over any alterations to their standard building design and specifications, protecting the uniformity and brand standards across all franchise locations. This requirement helps B Bops ensure consistency and quality control across all of its franchise locations.