What are 'Internet Companies' in the context of the Baya Bar Franchise Agreement?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee shall have and maintain adequate hardware and software in order to access the Internet at the speed required by Franchisor from time to time.
Franchisee shall utilize the electronic mail account provided by Franchisor.
Franchisee shall 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.
- 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.
Source: Item 22 — CONTRACTS (FDD page 56)
What This Means (2024 FDD)
Based on the 2024 Baya Bar Franchise Disclosure Document, the term 'Internet Companies' is not explicitly defined. However, the document does outline various stipulations regarding internet advertising, website management, and technology requirements for franchisees.
Specifically, Baya Bar franchisees are permitted to conduct internet-based advertising and maintain social media accounts linked to the Baya Bar brand. However, franchisees are restricted from establishing any websites or internet listings beyond what is specifically permitted by the franchisor. The franchisor maintains a website providing information about the Baya Bar system, including a listing of the franchisee's business location, but the franchisee has no ownership rights to this website.
Furthermore, franchisees are responsible for maintaining 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. They are also obligated to promptly read and respond to all electronic mail related to the franchised business on a daily basis. The FDD also states that the franchisee is responsible for all fees and expenses for technology required, including internet access and related fees.
While the term 'Internet Companies' is not defined, it is important for prospective franchisees to understand the scope of their responsibilities and limitations regarding online activities and technology usage as part of operating a Baya Bar franchise. It would be prudent for potential franchisees to seek clarification from the franchisor regarding any specific expectations or restrictions related to interacting with internet companies or utilizing online platforms for their Baya Bar business.