What standards must Baya Bar franchisees adhere to when conducting advertising programs?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
modifications, substitutions or discontinuation of the Marks. Franchisee covenants not to commence or join in any litigation or other proceeding against Franchisor for any of these expenses, losses or damages.
- 14.7 Franchisee's Use of the Intellectual Property. With respect to Franchisee's use of the Intellectual Property pursuant to this Agreement, Franchisee further agrees that:
- 14.7.1 Unless otherwise authorized or required by Franchisor, Franchisee shall advertise the Franchised Business only under the Marks "Baya Bar" and design. Franchisee shall not use the Marks as part of its corporate or other legal name. All fictitious names used by Franchisee shall bear the designation "a franchisee of Baya Bar Franchise Systems, LLC"
- 14.7.2 Franchisee shall identify itself as the owner of the Franchised Business and as an independent Baya Bar franchisee in conjunction with any use of the Intellectual Property, including, but not limited to, uses on invoices, order forms, receipts and contracts, as well as the display of a notice in such content and form and at such conspicuous locations on the premises of the Franchised Business as Franchisor may designate in writing.
- 14.7.3 Franchisee shall not use the Intellectual Property to incur any obligation or indebtedness on behalf of Franchisor.
- 14.7.4 Any item offered by Franchisee that contains the Marks, must be approved by Franchisor in writing prior to being distributed or sold by Franchisee and such approval may be granted or denied in Franchisor's sole and absolute discretion.
- 14.8 Claims. Franchisee shall notify Franchisor immediately via both email and telephone, of any apparent infringement of or challenge to Franchisee's use of any Intellectual Property and of any claim by any person of any rights in any
Intellectual Property. Franchisee shall not communicate with any person other than Franchisor or any designated affiliate thereof, their counsel and Franchisee's counsel in connection with any such infringement, challenge or claim.
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 standards regarding advertising programs. Franchisees must only advertise their Baya Bar business under the marks "Baya Bar" and design unless otherwise authorized or required by the franchisor. They cannot use the marks as part of their corporate or legal name, and any fictitious names used must include the designation "a franchisee of Baya Bar Franchise Systems, LLC".
Franchisees must identify themselves as the owner of the franchised business and as an independent Baya Bar franchisee in conjunction with any use of the intellectual property, including on invoices, order forms, receipts, and contracts. They are also required to display a notice in a conspicuous location on the premises of the franchised business, as designated by Baya Bar. Franchisees cannot use Baya Bar's intellectual property to incur any obligations or indebtedness on behalf of the franchisor.
Furthermore, any item offered by the franchisee that contains Baya Bar's marks must be approved by the franchisor in writing before being distributed or sold. This approval can be granted or denied at Baya Bar's sole discretion. Franchisees must submit advertising and promotional plans to Baya Bar for approval, and Baya Bar has ten business days to approve or disapprove the submitted plans. Failure to respond within this timeframe results in disapproval. Franchisees must discontinue using any advertising or promotional materials upon notice from Baya Bar, regardless of prior approval. Baya Bar can also use any advertising, marketing, or sales concepts developed and approved from the franchisee for use by other franchisees without compensating the originating franchisee.