Does the 'Assignment of Telephone Numbers and Digital Media Accounts' place any restrictions on how the Bang Cookies franchisee can use digital media?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee agrees that Digital Media must be approved by Franchisor prior to publication or use in any form. Digital Media and Published Content that is approved by Franchisor or that otherwise is acceptable to Franchisor as meeting Franchisor's standards shall be owned by Franchisor. As between Franchisor and Franchisee, any and all interest and right in or to the Digital Media and/or Published Content shall, at all times, be and is the exclusive property of Franchisor both during the Term of this Agreement and upon the expiration or termination of this Agreement. Franchisee agrees that the System Website and all improvements and modifications made to the System Website, Digital Media, and Published Content is and shall be the exclusive property of Franchisor. During the Term of this Agreement and subject to Franchisee's compliance with the terms and conditions of this Agreement, the System Website, shall include information related to the Franchised Business as shall be determined and designated by Franchisor in Franchisor's Reasonable Judgment.
In the event of the termination of this Agreement, for any reason, that the accounts related to all telephone numbers associated with the Franchised Business and all rights in and to the telephone numbers associated with the Franchised Business, shall, at Franchisor's election, be transferred to Franchisor.
Without limitation to the foregoing, Franchisee shall, upon the request of Franchisor, execute and deliver to Franchisor the Assignment of Telephone Numbers and Digital Media Accounts attached to this Agreement as Exhibit 6. Upon the request of Franchisor, Franchisee shall execute, update, and/or re-execute the Assignment of Telephone Numbers and Digital Media agreement upon the request of Franchisor. As between Franchisor and all third parties, Franchisee does hereby represent and acknowledge that such third party is authorized to rely on the Assignment of Telephone Numbers and Digital Media agreement, irrespective of any dispute and/or controversy between Franchisor and Franchisee and irrespective of any contrary instructions of Franchisee.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies' 2024 Franchise Disclosure Document, franchisees face restrictions on their use of digital media. The franchisee must obtain written approval from Bang Cookies before publishing or using any digital media in any form. Bang Cookies retains ownership of any digital media and published content that it approves or finds acceptable.
The FDD defines "Digital Media" broadly to include interactive or static electronic documents, applications, or media connected to computer networks, websites, web-based applications, smartphone applications, and social media platforms like Facebook, LinkedIn, Twitter, Pinterest, Instagram, SnapChat, and YouTube. It also encompasses website directories and local directories that reference or promote Bang Cookies shops or trademarks.
Upon the termination or expiration of the Franchise Agreement, any prior authorization for the franchisee to use digital media automatically terminates. Bang Cookies has the option to transfer any accounts or sites associated with the digital media used by the franchisee to itself. Franchisees are prohibited from using digital media to libel or disparage others or violate copyrights, and they are solely responsible for any disparagement, libel, or copyright infringement resulting from their published content.