For Bevaris Alliance, does 'Franchise Software' include additional software developed by the Franchisor?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
7.10 Information technology. The Franchisee shall:
- (a) use the Franchise Software and do all such things as the Franchisor shall reasonably require (including the purchase or leasing of hardware and entering into applicable software licenses) to permit and/or facilitate the operation and use of the Franchise Software and contribute to all costs associated with the development and implementation of the Franchise Software for use in the Franchisee's Business such amount as shall in the Franchisor's reasonable opinion represent a fair contribution to such costs;
- (b) acquire, update, replace and/or make use of any software and hardware which the Franchisor shall reasonably require to be used for the Franchisee's Business in accordance with the instructions and timetable (subject to the Franchisee having not less than sixty days notification of the specification for the hardware) set by the Franchisor; and
- (c) immediately enter into or comply with such software licenses and other agreements (whether with the Franchisor or third-party suppliers) concerning the Franchise Software and other software required to enable the Franchisee to use the Franchise Software in accordance with the Manual and comply strictly with their terms.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, franchisees are required to use the Franchise Software and do everything the franchisor reasonably requires to facilitate its operation. This includes purchasing or leasing hardware and entering into software licenses. Franchisees must also contribute to the costs associated with the development and implementation of the Franchise Software, with the amount representing a fair contribution in the Franchisor's reasonable opinion.
Bevaris Alliance franchisees must acquire, update, replace, and use any software and hardware that the franchisor reasonably requires for the business, following the franchisor's instructions and timetable. The franchisee will receive at least sixty days' notice of the hardware specifications.
Furthermore, franchisees must immediately enter into and comply with software licenses and other agreements, whether with Bevaris Alliance or third-party suppliers, concerning the Franchise Software and other software needed to use the Franchise Software. Compliance with the terms outlined in the manual is mandatory. This suggests that 'Franchise Software' may include additional software developed or required by Bevaris Alliance during the franchise term.