factual

What is the Bambu franchisee required to comply with regarding association with Bambu?

Bambu Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisee must abide by Bambu's advertising policies related to advertising prices.

Communication Authorization.

Franchisee expressly authorizes Bambu and its approved Suppliers to contact Franchisee and any Bambū Certified Team Leader by e-mail, telephone, mail, or any other means related to any aspect of the Bambū shoppe, authorized products, services and programs, this Agreement, or the Bambū franchise system, for so long as this Agreement remains in effect.

Franchisee expressly authorizes Bambu to disclose Franchisee's and all Bambū Certified Team Leader's contact information to Bambu's approved and designated Suppliers to enable such Suppliers to contact Franchisee.

Franchisee acknowledges that these communications are necessary to facilitate and keep Franchisee updated regarding the ongoing franchise relationship.

  • o.

Courteous Communication with Bambu.

In all communications with Bambu's representatives, Franchisee and its representatives must conduct themselves in a dignified, respectful, courteous, and professional manner.

No hostile, threatening, or offensive statements or behavior toward any Bambu representative is permitted.

  • p.

Support for Political or Social Causes.

Franchisee acknowledges and agrees that certain associations between its Bambū shoppe, the Marks, and/or the Bambū system, on the one side, and a political (including a political party or candidate), religious, social, cultural or similar group, member, cause, and/or activities (collectively, a "Political or Social Cause"), on the other side, may result in adverse publicity and other adverse impacts on the Marks and/or Bambū system with certain segments of the public.

As such, Franchisee agrees that it will not, without Bambu's prior written consent, make any statement or take any other action (including posting signs) that could be perceived as promoting, approving, disapproving, publicizing, or otherwise commenting on a Political or Social Cause in any manner that is connected to or associated with the Bambū shoppe, the Marks, and/or the Bambū system.

In connection with any amounts due and owing by Franchisee to third parties, Franchisee expressly acknowledges that a default by Franchisee with respect to such indebtedness may be considered a default hereunder and Bambu may avail itself of all remedies provided for herein in the event of default.

  • f.

Other Agreements.

Franchisee shall comply with all agreements with third parties related to the Bambū shoppe including, in particular, all provisions of any premises lease or equipment lease.

Franchisee will keep Bambu informed of the names, addresses and telephone numbers of all employees and agents.

Franchisee acknowledges that Bambu and affiliates of Bambu have a prior and superior claim to the "Bambū" trade name.

Franchisee shall not use the word "Bambū" or words that are confusingly similar, in the legal name of its corporation, partnership, limited liability company or any other business entity used in conducting the business provided for in this Agreement.

Franchisee also agrees not to register or attempt to register a trade name using the word "Bambu," "Bambū," or words that are confusingly similar, in Franchisee's name or that of any other person or business entity, without prior written consent of Bambu.

Franchisee shall not hold itself out as "Bambu Franchising LLC," "Chè," "Bambu Dessert Drinks," "Bambu," "Bambū," or as being associated with Bambu in any manner other than as a franchisee or licensee or as being associated with any affiliate of Bambu and shall comply with the terms of Section 20.1.

Franchisee shall, in all advertising and promotion, promotional materials, letterhead, and e-mails, display its business name only in obvious conjunction with the phrase "Bambū Licensee" or "Bambū Franchisee" or with such other words and in such other phrases to identify itself as an independent owner of the Bambū shoppe, as may from time to time be prescribed in the FRC Materials.

Bambu may in its sole discretion, discontinue, change, modify or alter the Marks and the Bambū system by, among other things, adopting or developing new trademarks, trade names, service marks, copyrighted materials, new products, drink and food item preparation information or recipes, new equipment, new signage or new operational techniques ("Alterations").

If Bambu shall make any Alterations to the Marks or Bambū system, Franchisee shall, within a reasonable time after receipt of written notice of such Alteration from Bambu, take such action, at Franchisee's sole expense, as may be necessary to comply with such required Alteration.

Bambu shall retain the exclusive right to develop and control the content of all Electronic Advertising for the Bambū shoppes.

Franchisee acknowledges that Bambu shall own all Electronic Advertising related to or associated with the Marks and Bambū system including, without limitation, databases of customer email addresses and other customer information.

Franchisee shall set up all social media accounts Bambu recommends, including utilizing a standardized third-party social media management technology.

Bambu requires Franchisee to participate in certain designated Electronic Advertising programs and Franchisee agrees to do so in strict compliance with Bambu's policies and rules regarding the creation, maintenance, use and content of such Electronic Advertising as set forth in this Agreement, the FRC Materials or an Electronic Advertising code of conduct that Bambu may develop, disseminate and modify from time to time.

Except as prohibited or limited by law, Franchisee shall fully participate in all promotional campaigns, prize contests, customer loyalty rewards programs, special offers, discount programs, social media programs, and other programs, whether international, national, regional, or local in nature (including the introduction of new products or services or other marketing programs directed or approved by Bambu), which are prescribed from time to time by Bambu.

Franchisee shall participate in Bambu's customer loyalty rewards program and be responsible for the costs of such participation.

In addition, Franchisee shall honor any coupons, customer loyalty rewards program points or credits, discounts, or other authorized promotional offers of Bambu at Franchisee's sole cost unless otherwise specified in writing by Bambu.

Franchisee shall promptly forward to Bambu copies of all health department, fire department, building department and other similar reports of inspections as and when they become available, and shall notify Bambu in writing within three business days of: (1) the commencement of any action, suit or proceeding relating to the shoppe; (2) the issuance of any order, writ, injunction, award or decree of any court, agency or other governmental instrumentality relating to the shoppe; (3) any notice or violation of any law, ordinance or regulation relating to the shoppe; (4) receipt of any notice of complaint from the Better Business Bureau, and local, state or federal consumer affairs department or division, or any other governmental or independent third party involving a complaint from a customer or potential customer relating to the shoppe, or (5) written complaints from any customer or potential customer, providing Bambu copies of any documentation along with the notice.

  • 14.1 Compliance with FRC Materials. Franchisee shall maintain and operate the Bambū shoppe in compliance with this Agreement and the mandatory standards and specifications contained in the OOM and other FRC Materials, as the same may be modified from time to time by Bambu.

Source: Item 23 — Receipts (FDD pages 52–209)

What This Means (2025 FDD)

According to Bambu's 2025 Franchise Disclosure Document, franchisees must adhere to several requirements regarding their association with the Bambu brand. Franchisees must abide by Bambu's advertising policies related to advertising prices. In all communications with Bambu's representatives, franchisees and their representatives must conduct themselves in a dignified, respectful, courteous, and professional manner, and hostile, threatening, or offensive statements or behavior toward any Bambu representative is not permitted. Franchisees must also comply with all agreements with third parties related to the Bambu shoppe, including all provisions of any premises lease or equipment lease. Franchisees must keep Bambu informed of the names, addresses, and telephone numbers of all employees and agents.

Franchisees acknowledge that Bambu and its affiliates have a prior and superior claim to the "Bambū" trade name. Franchisees cannot use the word "Bambū" or confusingly similar words in the legal name of their business entity without prior written consent from Bambu. They also cannot represent themselves as "Bambu Franchising LLC," "Chè," "Bambu Dessert Drinks," "Bambu," "Bambū," or as being associated with Bambu in any manner other than as a franchisee or licensee. In all advertising and promotional materials, franchisees must clearly identify themselves as a "Bambū Licensee" or "Bambū Franchisee."

Bambu may change or modify the Marks and the Bambu system, and franchisees must take action to comply with such alterations at their own expense. Franchisees must participate in designated Electronic Advertising programs in strict compliance with Bambu's policies. Franchisees must fully participate in all promotional campaigns, prize contests, customer loyalty rewards programs, and other programs prescribed by Bambu, and they are responsible for the costs of such participation. Franchisees must also forward copies of inspection reports and notify Bambu of any legal or regulatory issues related to the shoppe. Franchisees must maintain and operate the Bambu shoppe in compliance with the agreement and the mandatory standards and specifications contained in the FRC Materials, as modified by Bambu.

Franchisees also agree that they will not, without Bambu's prior written consent, make any statement or take any other action that could be perceived as promoting, approving, disapproving, publicizing, or otherwise commenting on a Political or Social Cause in any manner that is connected to or associated with the Bambū shoppe, the Marks, and/or the Bambū system. These stipulations ensure brand consistency and protect Bambu's reputation, but they also place specific obligations on the franchisee to adhere to Bambu's standards and decisions, potentially impacting their operational flexibility and marketing strategies.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.