Who owns the Bang Cookies System Website and all improvements and modifications made to it?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
"System" refers to and means our system for the development, establishment and operation of Bang Cookies Shops including, but not limited to: (a) the Approved Services and Products, System Supplies and services, procedures and systems that are designated by us, whether presently or in the future, for use in connection with the development, establishment, marketing, promotion and operation of a Bang Cookies Shop; (b) the Licensed Marks; (c) the Trade Dress; (d) Copyrights; (e) other trade names, service marks, signs, and logos, copyrights and trade dress that is designated by us, whether presently or in the future, for use in connection with the development, establishment, marketing, promotion and operation of a Bang Cookies Shop; (f) operations manual; (g) Business Management System Data; (h) Know-How; (i) Confidential Information; and (j) Digital Media. All determinations as to the system including components to the system and modifications and replacements thereto shall be determined by us in our Reasonable Business Judgment.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies' 2024 Franchise Disclosure Document, the franchisor retains control over the System Website. The System includes Digital Media, which encompasses the Bang Cookies Shop website, webpages, and subdomains associated with the Bang Cookies Shop Franchise System. The franchisor maintains the right to modify and replace components of the system, including the website, based on their reasonable business judgment.
This means that as a Bang Cookies franchisee, you will be required to use the website and digital media designated by the franchisor for marketing and operations. While franchisees may have some input or localized subdomains, the ultimate control and ownership of the website and its content remain with Bang Cookies. This is a common practice in franchising, ensuring brand consistency and control over the customer experience.
The franchisor's control extends to all modifications and replacements to the website. This allows Bang Cookies to update the website with new features, content, or designs without requiring individual franchisee approval. However, franchisees should stay informed about any changes to the website and how they may impact their business. Franchisees should address any concerns or suggestions regarding the website directly with the franchisor.
As a prospective franchisee, it is important to understand the extent of the franchisor's control over the website and other digital media. While franchisees benefit from a professionally managed online presence, they should also be aware of any limitations or restrictions on their ability to customize or modify their online presence. Clarifying these aspects during the due diligence process can help ensure a smooth and successful franchise relationship with Bang Cookies.