What happens if Bambu makes alterations to the Marks or Bambū system?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
- 15.6 Change of Marks and Bambū system. 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. 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.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, Bambu has the discretion to modify or alter its Marks and Bambū system, which includes trademarks, trade names, service marks, copyrighted materials, new products, drink and food item preparation information or recipes, new equipment, signage, or operational techniques. These changes are referred to as "Alterations" in the agreement.
If Bambu makes such Alterations, franchisees are obligated to comply with these changes. Franchisees must take necessary actions to implement the Alterations within a reasonable time after receiving written notice from Bambu. The financial responsibility for these changes falls solely on the franchisee, meaning they must bear the expenses associated with complying with the required Alterations.
Bambu also retains the right to enter the franchised location to make alterations necessary for the protection of the Marks and Bambū system if the franchisee refuses to do so. This includes changes to signs, furniture, fixtures, and the trade dress of the shoppe. If Bambu undertakes these alterations on behalf of the franchisee, the franchisee is responsible for covering all expenses incurred by Bambu, including travel, lodging, meals, telephone charges, construction, materials, and a fee based on the time spent by Bambu's employees or agents.