Does the Beef O Bradys franchise agreement consider a website to be a form of advertising?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as expressly limited in this Agreement, we (for ourselves, our affiliates and designees) retain all rights with respect to use of the Marks and the System to sell any products or services, similar to those which you sell, through any alternate channels of distribution.
This includes, but is not limited to, retail locations and other channels of distribution such as television, mail order, catalog sales, wholesale to unrelated retail outlets, over the Internet, or through other forms of electronic media (including social
technology, social media and social networking platforms). We exclusively reserve the Internet and other forms of electronic media as channels of distribution for us, and you may not independently market on the Internet or through other forms of electronic media, or conduct e-commerce without our prior written consent.
Source: Item 23 — RECEIPTS. (FDD pages 66–330)
What This Means (2025 FDD)
According to the 2025 Beef O Bradys Franchise Disclosure Document, the franchise agreement does consider a website to be a form of advertising. Beef O Bradys retains all rights to use the Marks and the System to sell products or services through various channels, including the internet and other forms of electronic media.
Specifically, Beef O Bradys exclusively reserves the Internet and other forms of electronic media as channels of distribution for themselves. As a franchisee, you are restricted from independently marketing on the Internet or through other forms of electronic media, or conducting e-commerce without obtaining prior written consent from Beef O Bradys.
This restriction ensures that Beef O Bradys maintains control over its brand and online presence. A prospective franchisee should discuss with Beef O Bradys under what conditions they might grant permission for a franchisee to market online or conduct e-commerce, and what fees or other requirements might be associated with such permission.