Under what conditions can a Best Western franchisee use the copyrighted materials?
Best_Western Franchise · 2025 FDDAnswer from 2025 FDD Document
is responsible for the security of cardholder data that it possesses or
otherwise stores, processes, or transmits on behalf of the Member and that it will not adversely affect the security of the cardholder data environment of the Member.
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- Best Western has provided or will provide access to computer software that is to be used by the Property to access Best Western supporting applications ("Software"). Software programs are copyrighted by Best Western or licensed to Best Western by third parties. Member agrees to use the Software only for reservation communications with Best Western's reservations systems and with other Members, and for other business purposes relating to the operation of the Property as a Best Western® branded hotel. Member shall not copy, allow to be copied, or disclose any of the Software programs. Member will abide with all licensing and use terms and conditions of any Software provided. Such terms are available upon request.
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- Software may be upgraded by Best Western or its designee from time to time, and Member may be charged an upgrade fee.
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- In the event of failure or interruption of reservation services, it is a Member's responsibility to participate in the troubleshooting process. Best Western shall, in its sole and absolute discretion, make all final problem determinations and may dispatch technical resources as needed to achieve problem resolution.
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- All Software shall be deleted or returned upon demand of Best Western or upon resignation by Member, cancellation or termination of this Agreement, whichever is sooner. Failure to do so will result in a charge for the cost of the Software to the Property's Best Western account.
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- Member hereby assumes all risks and liabilities, whether covered by insurance or not, for loss or damage to or destruction of any Software. Member shall replace, at its expense, any Software which is lost, damaged, or destroyed.
H.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 86–87)
What This Means (2025 FDD)
According to Best Western's 2025 Franchise Disclosure Document, a franchisee's use of copyrighted software is explicitly tied to their active membership and adherence to specific guidelines. Best Western provides access to computer software that is copyrighted by them or licensed to them by third parties. This software is intended for reservation communications, interactions with other members, and other business operations directly related to running the property as a Best Western branded hotel.
The agreement strictly prohibits franchisees from copying or disclosing any of the software programs. Franchisees must comply with all licensing and usage terms, which are available upon request. This ensures that the copyrighted material remains protected and is used only for its intended purpose within the Best Western network.
Upon resignation, cancellation, or termination of the franchise agreement, the franchisee's license to use the copyrighted materials terminates immediately. The franchisee is then obligated to remove all Best Western identifying marks from public view, including online materials, and cease all advertising and promotional activities associated with the brand. Failure to comply with these requirements can result in Best Western claiming daily damages equal to 15% of the property's average room rates per room per day after fifteen days of termination. This highlights the importance of adhering to the terms and conditions set forth by Best Western regarding the use of copyrighted materials, both during the franchise agreement and after its termination.