What is a Bee Organized franchisee prohibited from doing with Digital Media?
Bee_Organized Franchise · 2025 FDDAnswer from 2025 FDD Document
nd and/or, if applicable, Advertising Cooperative. Franchisor shall not be under any obligation to grant any waiver or deferral. Franchisor may reject Franchisee's request for a waiver or deferral based on any reason or no reason at all and, nevertheless grant the request of another system franchisee.
9.F. DIGITAL MEDIA AND WEBSITE PROHIBITIONS
Franchisee's use of Digital Media shall be subject to and require Franchisor's express written consent which shall and may be withheld by Franchisor for any or no reason at all. Without limitation to the foregoing, Franchisee possesses no right or authority to utilize Digital Media and Franchisee agrees that Franchisor
reserves all rights respecting the marketing, sale and distribution of Approved Services and Products through Digital Media. Franchisee agrees that all Digital Media and Digital Media accounts associated with and/or relating to the Franchised Business and/or the System shall, upon demand of Franchisor, be transferred to Franchisor. Upon execution of this Agreement and any and all future dates demanded by Franchisor, Franchisee shall execute and deliver to Franchisor the Assignment of Telephone Numbers and Digital Media Accounts agreement attached to this Agreement as Exhibit 3. The foregoing shall not be interpreted or construed as permitting Franchisee to establish, designate, utilize and/or otherwise establish accounts as to Digital Media respecting and/or concerning the Franchised Business and/or the System.
9.G. NO MARKETING OUTSIDE FRANCHISEE OPERATING TERRITORY
Franchisee agrees that Franchisee's marketing and Marketing Media must be directed toward Franchisee's Operating Territory and that Franchisee shall not cause, authorize or engage in any Media Distribution to clients, potential clients and/or client referral sources outside of Franchisee's Operating Territory, unless: (a) such Media Distribution is a joint distribution with other Bee Organized Businesses and is authorized by Franchisor in writing; and (b) Franchisor, in Franchisor's Reasonable Business Judgment, otherwise agrees to same in writing.
ARTICLE 10 RELATIONSHIP OF THE PARTIES AND INDEMNIFICATION
10.A. INDEPENDENT CONTRACTORS
This Agreement does not create a fiduciary relationship between Franchisor and Franchise, Franchisor and Franchisee are independent contractors, and nothing in this Agreement is intended to make either party a general or special agent, legal representative, subsidiary, joint venturer, partner, employee or servant of the other for any purpose. The parties' relationship is strictly a Franchisor and Franchisee relationship. Franchisee is the sole employer of the employees of the Franchised Business. Franchisee has the sole right to select, hire and discharge Franchisee's employees.
Source: Item 23 — RECEIPTS (FDD pages 54–218)
What This Means (2025 FDD)
According to Bee Organized's 2025 Franchise Disclosure Document, a franchisee's use of digital media is strictly controlled and requires the franchisor's express written consent. This consent can be withheld for any reason. The franchisee does not have the right to independently use digital media for marketing, sales, or distribution of approved services and products. All rights related to these activities are reserved by Bee Organized.
Upon the franchisor's demand, all digital media accounts associated with the Bee Organized franchise must be transferred to the franchisor. Furthermore, franchisees must sign an 'Assignment of Telephone Numbers and Digital Media Accounts' agreement, which reinforces that franchisees cannot establish or utilize digital media accounts related to the franchise without explicit permission.
Bee Organized retains absolute ownership of the digital media. Franchisees can't use, access, or open accounts related to digital media unless they have written approval from Bee Organized. This approval can be withheld, conditioned, limited, modified, or withdrawn at the franchisor's discretion. If approval is granted, it's only for marketing and promotion within the franchisor's standards. Upon termination of the franchise agreement, all rights to use digital media automatically end, and the franchisee must transfer any associated accounts to Bee Organized.
Additionally, franchisees are prohibited from using digital media to libel or disparage others, or to violate copyrights or legal rights. The franchisee is solely responsible for any disparagement, libel, or intellectual property infringement in their published content. This comprehensive control over digital media ensures brand consistency and protects Bee Organized's reputation, but it also limits the franchisee's autonomy in online marketing and promotion.