Does Baya Bar loan a copy of the Manual to the franchisee for the term of the Franchise Agreement?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
o use, copy, duplicate, record or otherwise reproduce these materials, in whole or in part, or otherwise make the same available to any person other than those authorized above, without Franchisor's prior written consent.
- 19.1.3 The Manual, written directives, and other materials and any other confidential communications provided or approved by Franchisor shall at all times remain the sole property of Franchisor. Franchisee shall maintain the Manual and all Franchisor's confidential and proprietary materials at all times in a safe and secure location, shall take all reasonable measures to prevent unauthorized access thereto, whether any attempted unauthorized access takes the form of physical access or access via computer or telecommunications networks or otherwise, and shall report the theft or loss of the Manual, or any portion thereof, immediately to Franchisor. At a minimum, Franchisee shall, in the case of computer and telecommunications networks, use the latest available firewall, encryption and similar technology to prevent unauthorized access. Franchisee shall delete all electronic copies and return and cease using any physical copy of the Manual and other confidential and proprietary materials to Franchisor immediately upon request or upon transfer, termination or expiration of this Agreement.
- 19.1.4 Franchisor may from time to time revise the contents of the Manual and other materials created or approved for use in the operation of the Franchised Business. Franchisee expressly agrees to comply with each new or changed policy, standard or directive. In the event of any dispute as to the contents of the Manual, the terms of the master copy of the Manual maintained by Franchisor shall control.
- 19.1.5 If Franchisee loses, misplaces or otherwise requests a physical copy of the Manu
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 41–42)
What This Means (2024 FDD)
According to the 2024 Baya Bar Franchise Disclosure Document, the Manual remains the sole property of the franchisor. Baya Bar requires franchisees to maintain the Manual and all confidential materials in a secure location and to take measures to prevent unauthorized access. Franchisees must also report any theft or loss of the Manual to Baya Bar immediately. Upon request, or upon termination or expiration of the Franchise Agreement, the franchisee must delete all electronic copies and return any physical copies of the Manual to Baya Bar.
Baya Bar may revise the contents of the Manual from time to time, and franchisees must comply with any new or changed policies. In the event of a dispute regarding the contents of the Manual, the master copy maintained by Baya Bar will control.
If a franchisee loses or misplaces their copy of the Manual and requests a replacement, Baya Bar may provide a physical copy at its discretion, and the franchisee will be required to pay the then-current replacement fee. As of the date of the Franchise Agreement, the replacement fee is $100.00.
This means that franchisees do not own the Baya Bar manual, and must return it upon termination of the franchise agreement. They are responsible for keeping it safe and secure, and will have to pay a fee to replace it if it is lost.