Is a Best Western customer allowed to sublicense the AutoClerk service to another person?
Best_Western Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Customer shall not and shall not assist or permit any other Person to: (i) copy, modify, translate, enhance, prepare derivative works, or improvements of the Service; (ii) rent, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Service to any Person; (iii) reverse engineer, disassemble, decompile, decode or adapt the Service, or otherwise attempt to derive or gain access to the source code of the Service; (iv) breach any security device of the Service; (v) input, upload, transmit or provide to or through the Service any information or materials that are unlawful or injurious; (vi) damage, destroy, disable, impair or otherwise impede in any manner the Service or AutoClerk's provision of services to any Person; (vii) remove, or change any terms of the Service, including warranties, disclaimers, or Intellectual Property Rights notices; (viii) use the Service in any manner or for any purpose that infringes, misappropriates or violates any Intellectual Property Rights or other right of any Person, or that violates any applicable Law; (ix) use the Service for purposes of developing, using or providing a competing service or any other purpose to AutoClerk's detriment or commercial disadvantage; or (x) use the Service expect as expressly permitted by this Agreement.
Source: Item 23 — Receipts (FDD pages 108–413)
What This Means (2025 FDD)
According to Best Western's 2025 Franchise Disclosure Document, a Best Western customer is explicitly prohibited from sublicensing the AutoClerk service to another person. The agreement specifies that the customer cannot rent, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the service available to any other individual. This restriction is part of the broader terms that protect AutoClerk's intellectual property rights and control over the service.
This restriction means that the Best Western franchisee's use of AutoClerk is limited to their own operations and they cannot extend this service to third parties. This is a standard practice in franchising and software licensing agreements, designed to maintain control over the distribution and use of proprietary systems. Any attempt to bypass this restriction could result in a breach of the franchise agreement, potentially leading to penalties or termination of the agreement.
Best Western franchisees should ensure they fully understand these limitations to avoid any actions that could violate the terms of their agreement. It is important to note that the agreement clearly states that all rights, title, and interest in the AutoClerk service, including intellectual property rights, remain with AutoClerk and its rights holders. This underscores the importance of adhering to the specified usage terms and restrictions.