Can a Bambu franchisee unilaterally change the Marks or Bambū system?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall not unilaterally change, alter or modify the Marks or Bambū system in any way without Bambu's prior written consent which may be withheld in Bambu's sole discretion.
Franchisee's approved changes or improvements to the Bambū system or the Marks shall inure to the exclusive benefit of Bambu.
- 15.7 Creative Ownership.
All copyrightable or patentable works, and all discoveries, developments, designs, improvements, inventions or other information of a proprietary nature created by Franchisee or any of its owners, officers or employees in connection with the shoppe, including but not limited to any enhancements or improvements in the Bambū system, shall be the sole property of Bambu.
Franchisee shall assign, or cause its owner, officer or employee to assign, all proprietary rights, including copyrights, in these works to Bambu without additional consideration.
Franchisee hereby assigns and will execute (or will cause its owner, officer or employee to assign and execute) such additional assignments or documentation to effectuate the assignment of all intellectual property, inventions, drink and food item preparation information, recipes, copyrights, trademarks and trade secrets developed in part or in whole in relation to the shoppe, during the term of this Agreement, as Bambu may deem necessary in order to enable it, at its expense, to apply for, prosecute and obtain copyrights, patents, trademarks or other proprietary rights in the United States and in foreign countries or in order to transfer to Bambu all right, title, and interest in said property.
Franchisee shall promptly disclose to Bambu all inventions, drink and food item preparation information, recipes, discoveries, improvements, creations, patents, copyrights, trademarks and confidential information relating to the shoppes and the Bambū system which it or any of its owners, officers or employees has made or may make solely, jointly or commonly with others and shall promptly create a written record of the same.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, a franchisee cannot unilaterally change, alter, or modify the Marks or the Bambū system in any way without prior written consent from Bambu. This consent can be withheld at Bambu's discretion. If Bambu makes any alterations to the Marks or Bambū system, the franchisee is required to take action, at their own expense, to comply with these changes within a reasonable time after receiving written notice from Bambu.
Any changes or improvements to the Bambū system or Marks that are approved for a franchisee will exclusively benefit Bambu. All copyrightable or patentable works, discoveries, developments, designs, improvements, inventions, or other proprietary information created by the franchisee or their owners, officers, or employees in connection with the shoppe, including enhancements or improvements to the Bambū system, become the sole property of Bambu.
The franchisee is obligated to assign all proprietary rights, including copyrights, to Bambu without additional compensation. They must also execute additional assignments or documentation to transfer all intellectual property, inventions, drink and food item preparation information, recipes, copyrights, trademarks, and trade secrets developed in relation to the shoppe during the term of the agreement. The franchisee is required to promptly disclose all inventions, drink and food item preparation information, recipes, discoveries, improvements, creations, patents, copyrights, trademarks, and confidential information relating to the shoppes and the Bambū system to Bambu and create a written record of the same.
This policy ensures that Bambu maintains consistent brand standards and quality control across all franchise locations. It also protects Bambu's intellectual property and trade secrets, preventing franchisees from making unauthorized changes that could dilute the brand or compromise the system. For a prospective franchisee, this means they must adhere strictly to the established Bambu system and obtain approval for any proposed modifications, understanding that any improvements they develop will become the property of Bambu.