Can a Baya Bar franchisee establish their own website or listing on the internet?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
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 internet listings, except as specifically permitted by the franchisor. Baya Bar does maintain a website that provides information about the Baya Bar system, including the products and services offered. The franchisor retains sole discretion and control over this website.
Baya Bar will include a listing on its website for the franchisee's business location. However, the franchisee does not gain any ownership or proprietary rights to the franchisor's website, and the listing will be removed upon the expiration or termination of the Franchise Agreement.
While franchisees are restricted from creating independent websites, the Franchise Agreement acknowledges that franchisees may conduct internet-based advertising and maintain social media accounts linked to the Baya Bar brand. The FDD states that franchisees may acquire rights to domain names, social media accounts, and website hyperlinks related to the franchised business. However, upon termination of the Franchise Agreement, the franchisee must transfer all rights and interests in electronic advertising and telephone listings to the franchisor.
Prospective franchisees should clarify with Baya Bar the specific conditions under which they might be allowed to create their own internet presence and what control they would have over their social media accounts. It is important to understand the extent to which franchisees can market their specific location online and how these efforts integrate with the franchisor's overall digital strategy.