Is a Baya Bar franchisee allowed to establish their own website or listing on the internet?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
l promptly read and respond to all electronic mail related to the Franchised Business no less often than on a daily basis and shall accept and acknowledge receipt of all electronic mail sent by Franchisor. Franchisee shall not establish any website or other listing on the Internet except as provided and specifically permitted herein.
- 12.3.6 Franchisor has established a website that provides information about the System and the products and services offered by the Baya Bar System (the "Website"). Franchisor has sole discretion and control over the Website. Franchisor shall include a listing on its Website with Franchisee's Franchised Business location. Franchisee has no ownership or other proprietary rights to Franchisor's website and Franchisee will lose all rights to such listing of Franchisee's location upon expiration or termination of this Agreement for any reason.
Source: Item 22 — CONTRACTS (FDD page 56)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, franchisees are generally prohibited from establishing their own websites or other internet listings, except as specifically permitted by the franchisor. The FDD states that Baya Bar has established a website providing information about the Baya Bar system, and the franchisor has sole discretion and control over this website.
Baya Bar includes a listing of the franchisee's franchised business location on its website; however, the franchisee has no ownership or proprietary rights to the franchisor's website and will lose all rights to the listing upon expiration or termination of the Franchise Agreement.
The franchisee is required to have and maintain adequate hardware and software to access the internet at the speed required by Baya Bar and must utilize the electronic mail account provided by the franchisor. The franchisee must also promptly read and respond to all electronic mail related to the franchised business on a daily basis and acknowledge receipt of all electronic mail sent by Baya Bar.