What is the Baya Bar franchisee's obligation regarding advertising programs?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
ing, without limitation, any materials in digital, electronic or computerized form, or in any form of media now or hereafter developed that have not been either provided or previously approved by Franchisor. Franchisor shall approve or disapprove such plans and materials within ten (10) business days of Franchisor's receipt thereof. If Franchisor fails to respond to Franchisee's submission within ten (10) business days, such plans and materials shall be deemed "disapproved". Franchisee shall not use such unapproved plans or materials until they have been approved by Franchisor in writing and shall promptly discontinue use of any advertising or promotional plans or materials, whether or not previously approved, upon notice from Franchisor. Any advertising, marketing or sales concepts, programs or materials proposed or developed by Franchisee for the Baya Bar brand and approved by Franchisor may be used by other System franchisees without any compensation to Franchisee.
14. INTELLECTUAL PROPERTY
14.1 Ownership.
- 14.1.1 Franchisee expressly understands and acknowledges that Franchisor and/or Franchisor's affiliate(s) are the record owner of the Marks. Franchisor holds the exclusive right to license the Marks to franchisees of the System for use pursuant to the System. Franchisee further expressly understands and acknowledges that Franchisor and/or Franchisor's affiliate(s) claim copyrights on certain material used in the System, including but not limited to its website, documents, advertisements, promotional materials and the Manual, whether or not Franchisor has filed for copyrights thereto with the U.S. Copyright Office. The Marks and copyrights, along with Franchisor's trade secrets, service marks, trade dress and proprietary systems are hereafter collectively referred to as the "Intellectual Property".
- 14.1.2 As between Franchisor and Franchisee, Franchisor and/or Franchisor's affiliate(s)
Source: Item 22 — CONTRACTS (FDD page 56)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, franchisees must adhere to specific guidelines regarding advertising and promotional materials. Franchisees are required to submit any advertising or promotional plans they develop to Baya Bar for approval. Baya Bar has the right to approve or disapprove these plans within ten business days. If Baya Bar does not respond within this timeframe, the plans are considered disapproved. Franchisees are prohibited from using unapproved advertising materials and must stop using any materials, even previously approved ones, upon notice from Baya Bar.
Baya Bar maintains control over its brand's image and marketing strategies. Any advertising concepts or materials developed by a franchisee and approved by Baya Bar can be used by other franchisees in the Baya Bar system without compensating the originating franchisee. This clause allows Baya Bar to leverage successful advertising ideas across the franchise network, potentially benefiting all franchisees.
Franchisees are also obligated to advertise their Baya Bar business exclusively under the marks "Baya Bar" and design, unless otherwise authorized or required by Baya Bar. They cannot use the marks as part of their corporate or legal name, and any fictitious names must include the designation "a franchisee of Baya Bar Franchise Systems, LLC". This ensures consistent branding and prevents franchisees from creating confusion about the business's affiliation. Franchisees must identify themselves as independent Baya Bar franchisees on all relevant materials, such as invoices, order forms, and receipts, and display a notice in a conspicuous location on their premises, as directed by Baya Bar.