Who bears the expense of installing and maintaining systems and web-based payment processing accounts that Baya Bar requires?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
- 12.3.2 Franchisor may require Franchisee, at Franchisee's sole expense, to install and maintain systems and web-based payment processing accounts that permit Franchisor to independently and electronically access and retrieve any information stored in Franchisee's POS System, other computer systems and web-based payment processing accounts, including, without limitation, information concerning Gross Revenue. Upon Franchisor's request, Franchisee shall execute such documents as Franchisor deems necessary to permit Franchisor to independently and electronically access and retrieve all information stored on Franchisee's POS System, other computer systems and web-based payment processing accounts.
- 12.3.3 Any and all customer data collected or provided by Franchisee, retrieved from Franchisee's POS System, or otherwise collected from Franchisee by Franchisor or provided to Franchisor, is and will be owned exclusively by Franchisor and will be considered to be Franchisor's proprietary and Confidential Information. Franchisor has the right to use such data in any manner without compensation to Franchisee. Franchisor licenses to Franchisee the use of such data solely for the purpose of operating the Franchised Business; provided that, this license shall automatically and irrevocably terminate, without any additional action or notice required by Franchisor, upon the expiration or earlier termination of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 56)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, the franchisee is responsible for the expenses associated with installing and maintaining systems and web-based payment processing accounts. Specifically, Baya Bar may require the franchisee to install and maintain these systems at the franchisee's sole expense.
This includes systems that allow Baya Bar to independently and electronically access and retrieve information stored in the franchisee's POS system, other computer systems, and web-based payment processing accounts. This access includes, but is not limited to, information concerning Gross Revenue. The franchisee must also execute any documents Baya Bar deems necessary to permit this access.
Furthermore, any customer data collected or provided by the franchisee, retrieved from the franchisee's POS system, or otherwise collected from the franchisee by Baya Bar is owned exclusively by Baya Bar. Baya Bar has the right to use this data in any manner without compensating the franchisee, licensing its use back to the franchisee solely for operating the franchised business. This license terminates upon expiration or termination of the Franchise Agreement.