Does the 'Assignment of Telephone Numbers and Digital Media Accounts' specify any exceptions to the assignment of digital media for a Bang Cookies franchise?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
WHEREAS, Assignor, as franchisee, and Assignee, as franchisor, are parties to a Bang Cookies Shop Franchise Agreement (the "Franchise Agreement")
WHEREAS, the term "Digital Media" shall refer to and mean "any interactive or static electronic document, application or media that is connected to and/or in a network of computers, servers and/or other devices linked by communications software, part of the world wide web (including, but not limited to websites), linked by the internet or part of a web based application, software application, smart phone based application or social media platform including, but not limited to social media platforms and applications such as Facebook, LinkedIn, Twitter, Pinterest, Instagram, SnapChat, YouTube, and Google+, and world wide web and internet based directories and local directories that refers, references, identifies, reviews, promotes and/or relates, in any way, to a Bang Cookies Shop, Bang Cookies Shops, Assignor's Bang Cookies Shop and/or trademarks associated with the Bang Cookies Shop Franchise System and/or Assignee. Digital Media further includes the Bang Cookies Shop website, web pages and website subdomains (including those related to, associated with and/or a part of the Bang Cookies Shop Franchise System) associated with and/or related to Assignor's Bang Cookies Shop and all web pages, blog posts, videos, articles, information, sub-domains, and all other media and/or publications relating to the Bang Cookies Shop Franchise System that is displayed and/or transmitted digitally"; and
WHEREAS, in connection with Assignor's establishment and operation of a Bang Cookies Shop, Assignor will be utilizing accounts, information, phone numbers and Digital Media subject to strict requirements set forth in the Franchise Agreement.
NOW THEREFORE, Assignor, in exchange for good and valuable consideration provided and paid by Assignee (receipt of which is hereby acknowledged), agrees:
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- That Assignor does hereby assign to assignee all telephone numbers, facsimile numbers, listings, domain names and Digital Media that is associated with Assignor's Bang Cookies Shop including, the following (all collectively referred to as the "Media"):
- (a) All phone numbers, facsimile numbers and listings that are currently, or in the future, associated with Assignor's Bang Cookies Shop;
- (b) The following telephone and facsimile numbers:
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies' 2024 Franchise Disclosure Document, the 'Assignment of Telephone Numbers and Digital Media Accounts' agreement does not explicitly state any exceptions to the assignment of digital media. The agreement stipulates that the franchisee (Assignor) assigns all telephone numbers, facsimile numbers, listings, domain names, and Digital Media associated with their Bang Cookies Shop to Bang Cookies Franchise LLC (Assignee). This includes all phone and fax numbers currently or in the future associated with the franchisee's shop. The agreement ensures that upon termination or expiration of the Franchise Agreement, all such media is transferred to the franchisor.
The FDD defines Digital Media broadly as any interactive or static electronic document, application, or media connected to networks, the internet, or web-based platforms, including websites and social media. This definition encompasses a wide range of online assets that are critical for marketing and promoting the Bang Cookies brand. The franchisee's use of Digital Media must be approved by Bang Cookies, and any approved Digital Media is owned by the franchisor.
This arrangement gives Bang Cookies significant control over the brand's online presence and marketing efforts. For a prospective franchisee, this means they will not retain ownership or control over the digital media assets they use to promote their franchise. Upon termination of the franchise agreement, all digital assets, including social media accounts and website content, will revert to Bang Cookies. Franchisees must ensure all digital marketing efforts align with the franchisor's standards and obtain prior approval for any digital media content. This requirement aims to maintain brand consistency and protect the Bang Cookies brand image across all franchise locations.