What rights, permissions, or authority must a Belocal franchisee obtain to use content?
Belocal Franchise · 2025 FDDAnswer from 2025 FDD Document
. Franchisee represents and warrants to Franchisor (1) that any and all content Franchisee (a) uses, shares, or posts in connection with any Online Presence and (b) submits or causes to be submitted for publication in any N2 publication, and that Franchisor's affiliate's publication of such content, shall not violate any law or right (including those of Franchisor, its affiliates, and any third party), including but not limited to intellectual property rights, such as copyright, trademark, or likeness; and (2) that Franchisee shall not use in any manner or suggest any association with the intellectual property of any other party without all necessary rights, permissions, or authority necessary to do so. Franchisee represents and warrants that it has and will obtain all necessary rights, permissions, or authority to use, and to have Franchisor's affiliate publish, all content that Franchisee submits or causes to be submitted. The Franchisee Indemnifying Parties (as defined in Section 12.B.(1) below) shall indemnify, defend, and hold harmless the Indemnitees (as defined in Section 12.B.(1) below) to the fullest extent permitted by law, from any and all losses and expenses incurred in connection with any action, suit, proceeding, claim, demand, investigation, or inquiry (formal or informal), or any settlement thereof (whether or not a formal proceeding or action has been instituted), which arises out of or is based upon (i) the content Franchisee solicits, gathers, obtains, or generates, in connection with the operation of the Franchised Business; (ii) the content Franchisee submits, or causes to be submitted, for publication in any N2 publication; and (iii) any breach by Franchisee of this representation and warranty.
- N. Powers of Attorney. Franchisee hereby appoints Franchisor as Franchisee's true and lawful attorney-in-fact, with full power and authority to assign to Franchisor upon the termination, expiration, or transfer of this Agreement all rights to any Online Presences (including social media accounts and webpages), telephone number(s) (including personal cellphone numbers), and any business listings related to or associated with the Franchised Business.
Source: Item 22 — CONTRACTS (FDD page 71)
What This Means (2025 FDD)
According to Belocal's 2025 Franchise Disclosure Document, a franchisee must obtain all necessary rights, permissions, or authority to use content in connection with any Online Presence or for publication in any N2 publication. This includes ensuring that the use or publication of such content does not violate any law or right, including intellectual property rights like copyright, trademark, or likeness of any party, including Belocal, its affiliates, and any third party.
Belocal franchisees must also secure all necessary rights, permissions, or authority to have Belocal's affiliate publish any content they submit or cause to be submitted. Furthermore, franchisees represent and warrant that they have and will obtain these necessary permissions. This requirement extends to any content the franchisee uses, shares, or posts online, ensuring compliance with intellectual property laws and brand standards.
If a Belocal franchisee fails to obtain prior written approval for advertising or promotional plans and materials or otherwise fails to comply with the System operating standards or the Franchise Brand Standards Manual, Belocal has the right to levy a fine. The fine can be up to $500 for the first instance and up to $1,000 for a second or subsequent instance. This underscores the importance of adhering to Belocal's guidelines and securing necessary approvals to avoid penalties and maintain brand consistency.
Moreover, Belocal requires franchisees to indemnify and hold harmless the company from any losses or expenses resulting from the content the franchisee solicits, gathers, obtains, or generates, or from any breach of the franchisee's representation and warranty regarding content rights. This indemnification clause highlights the franchisee's responsibility for ensuring the legality and appropriateness of all content used in their Belocal business.