For Bang Cookies, is a franchisee permitted to establish digital media accounts respecting the franchised business?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee agrees the significance of Digital Media to the System and necessity for Franchisor's control over Digital Media. As between Franchisor and Franchisee, Franchisor is the absolute owner of the Digital Media. Franchisee shall not use, access or open accounts regarding or related to Digital Media unless expressly approved by Franchisor in writing which approval Franchisor may withhold, condition or limit as determined by Franchisor in Franchisor's Reasonable Business Judgment and which approval, if given, shall be limited to the marketing and promotion of the Franchised Business in accordance with Franchisor's standards and specifications. Upon expiration or termination of this Agreement for any reason, any prior authorization by Franchisor as to Franchisee's right to use the Digital Media and/or otherwise as to any rights of Franchisee in or to the Digital Media shall be automatically terminate and, at Franchisor's election, the right to any and all accounts and/or sites (if any) associated with Digital Media utilized by Franchisee shall be transferred to Franchisor. Under no circumstance shall Franchisee utilize the Digital Media for purposes of or with the effect of libeling or disparaging another nor shall Franchisee violate any copyrights – as to such actions as between
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, franchisees are generally restricted from independently creating and using digital media accounts related to the franchise. The FDD emphasizes Bang Cookies's control over digital media and requires franchisees to obtain explicit written approval from the franchisor before using, accessing, or opening any accounts related to digital media for marketing or promotion. This approval can be withheld, conditioned, or limited at Bang Cookies's discretion. Any approval granted is specifically for marketing and promoting the franchised business in accordance with Bang Cookies's standards.
This policy ensures that Bang Cookies maintains a consistent brand image and message across all digital platforms. "Digital Media" is broadly defined to include websites, social media platforms (like Facebook, Instagram, and YouTube), and other online directories. This definition highlights the importance Bang Cookies places on controlling its online presence and reputation. The franchisor retains ownership of all approved digital media and published content, including any improvements or modifications made to the system website.
Upon termination or expiration of the franchise agreement, any prior authorization for the franchisee to use digital media is automatically terminated. Bang Cookies has the right to take control of any accounts or sites associated with the digital media used by the franchisee. Furthermore, franchisees must not use digital media to libel or disparage others or violate copyrights. This underscores the importance of adhering to Bang Cookies's guidelines and standards for online conduct.
In practical terms, a prospective Bang Cookies franchisee should be prepared to work closely with the franchisor on all digital marketing efforts. Franchisees need to seek approval for any digital media initiatives and understand that Bang Cookies ultimately owns and controls the brand's online presence. This level of control is common in franchising, as it helps maintain brand consistency and protect the franchisor's reputation. Franchisees should discuss with Bang Cookies what support and resources are available for digital marketing and how much autonomy they will have in local online promotions.