Who owns Digital Media and Published Content approved by the Bang Cookies franchisor?
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.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, the franchisor owns the Digital Media and Published Content that they approve or find acceptable based on their standards. This ownership applies both during the term of the franchise agreement and after its expiration or termination. The Bang Cookies franchisor also retains exclusive property rights to the System Website, including any improvements or modifications made to it, Digital Media, and Published Content.
This means that while a franchisee operates a Bang Cookies location, they must get approval from the franchisor for any digital media they intend to use. If approved, the franchisor retains ownership of that content. Upon termination of the franchise agreement, any authorization the franchisee had to use the Digital Media automatically terminates, and the rights to any accounts or sites associated with the Digital Media may be transferred to Bang Cookies.
This arrangement gives Bang Cookies significant control over its brand's online presence and marketing materials. It ensures consistency across all franchise locations and allows Bang Cookies to maintain quality control over its digital assets. For a franchisee, this means they must adhere to the franchisor's standards and obtain approval for their digital marketing efforts, and they will not retain ownership of the digital content they create for their franchise if it is approved by the franchisor.