Under what conditions can a Baya Bar franchisee maintain a business profile on social media?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
WHEREAS, Franchisee desires to enter into a franchise agreement with Franchisor for a Baya Bar business ("Franchise Agreement") which will allow Franchisee to conduct internet-based advertising, maintain social media accounts, and use telephone listings linked to the Baya Bar brand.
Franchisee shall not establish any website or other listing on the Internet except as provided and specifically permitted herein.
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.
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.
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"
Franchisor may use the Brand Fund for public relations, to explain the franchise system, and/or to include a notation in any advertisement indicating "Franchises Available."
Source: Item 22 — CONTRACTS (FDD page 56)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, a franchisee is permitted to maintain social media accounts linked to the Baya Bar brand as part of the franchise agreement. However, the franchisee is restricted from establishing any website or other listing on the Internet except as specifically permitted within the agreement.
Baya Bar has established a website providing information about the Baya Bar system, over which the franchisor retains sole discretion and control. The franchisor will include a listing on its website for the franchisee's Baya Bar location, but the franchisee gains no ownership rights to the franchisor's website and will lose the listing upon expiration or termination of the franchise agreement.
Franchisees must also have adequate hardware and software to access the internet at the speed required by Baya Bar and utilize the electronic mail account provided by the franchisor. They are required to promptly read and respond to all electronic mail related to the franchised business on a daily basis and acknowledge receipt of all electronic mail sent by the franchisor. Franchisees must advertise the franchised business only under the marks "Baya Bar" and design, unless otherwise authorized or required by the franchisor, and must identify themselves as an independent Baya Bar franchisee in conjunction with any use of the intellectual property.
Baya Bar also reserves the right to use the Brand Fund for public relations, to explain the franchise system, and/or to include a notation in any advertisement indicating "Franchises Available."