What form must the software license agreements take that Baya Bar requires?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
12.3.7 In addition to the requirements of Section 6.4, Franchisee shall pay all fees, whether to Franchisor or to third party vendor(s), and expenses for technology required by this Agreement for operation of the Franchised Business, including but not limited to, the costs of computer hardware and software and applications, installation costs and regularly recurring fees for software and digital menu displays, Internet access, license fees, help desk fees, and licensing or user-based fees.
12.4 Safety and Security of Premises.
Franchisee is solely responsible for the safety and security of the Franchised Business location for Franchisee, Franchisee's personnel, customers, agents and the general public.
Any suggestions by Franchisor on such matters are for guidance only and not binding on Franchisee.
All matters of safety and security are within Franchisee's discretion and control, and Franchisee's indemnification obligations set forth in Section 15.6 hereof shall apply to any claims made against Franchisor regarding safety or security.
Source: Item 22 — CONTRACTS (FDD page 56)
What This Means (2024 FDD)
The 2024 Baya Bar Franchise Disclosure Document does not specify a particular form for software license agreements. However, it does state that franchisees must pay all fees and expenses for required technology, including software and applications, installation, digital menu displays, internet access, license fees, help desk fees, and licensing or user-based fees.
Baya Bar franchisees are required to maintain adequate hardware and software to access the internet at the speed Baya Bar requires. Franchisees must use the email account provided by Baya Bar and promptly read and respond to all emails related to the business daily, acknowledging receipt of all emails sent by Baya Bar. Franchisees are restricted from establishing any websites or internet listings unless specifically permitted by Baya Bar.
Given the lack of specific details about the form of software license agreements, prospective Baya Bar franchisees should seek clarification from the franchisor regarding approved software vendors, the typical structure of these agreements, and any specific legal requirements or restrictions that may apply. Understanding these aspects is crucial for budgeting and ensuring compliance with Baya Bar's technology standards.