Is a Bevaris Alliance franchisee required to enter into software licenses concerning the Franchise Software?
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 Bevaris Alliance's 2024 Franchise Disclosure Document, franchisees are required to use the Franchise Software and fulfill all requirements reasonably set by Bevaris Alliance. This includes purchasing or leasing necessary hardware and entering into applicable software licenses to facilitate the operation and use of the Franchise Software. Franchisees must also contribute to the costs associated with the development and implementation of the Franchise Software, with the contribution amount determined reasonably by Bevaris Alliance.
Furthermore, Bevaris Alliance franchisees must acquire, update, replace, and utilize any software and hardware that Bevaris Alliance reasonably requires for the franchisee's business. These actions must be performed according to the instructions and timetable set by Bevaris Alliance, with at least sixty days' notice provided for hardware specifications.
Finally, franchisees are obligated to 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 of these agreements, as outlined in the Manual, is strictly enforced.