What law governs disputes over copyrights for Beyond Juicery Eatery?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Franchise Agreement | Summary |
|---|---|---|
| p. Death or disability of franchisee | Section 13 | After the death or incapacity of an owner of the franchise, his or her |
| representative must transfer, subject to the terms of the Franchise | ||
| Agreement, the individual’s interest in the franchise within one year of | ||
| death or incapacity or we may terminate the Franchise Agreement. | ||
| q. Non-competition covenants during the term of the franchise | Section 12 | You, your owners (and members of their families and households) and your officers, directors, executives, managers, professional staff, and employees are prohibited from soliciting employees; owning or operating a Competing Business or have any interest in a competing business. |
| r. Non-competition covenants after the franchise is terminated or expires | Section 16 | For 3 years after the termination or expiration of the Franchise Agreement, you, your owners (and members of their families and households) and your officers, directors, executives, managers or professional staff are prohibited from: owning or working for a Competing Business operating within 20 miles of the franchise location designated area or within 20 miles of any other Beyond Juicery + Eatery Restaurant designated area; or soliciting or influencing any of our customers, employees or business associates to compete with us or terminate their relationship with us. |
| s. Modification of the agreement | Section 25 | The Franchise Agreement can be modified only by written agreement |
| between you and us. We may modify the Confidential Operations | ||
| Manuals without your consent if the modification does not materially alter | ||
| your fundamental rights. | ||
| t. Integration/merger clause | Section 25 | Only the terms of the Franchise Agreement are binding. Any other |
| promises other than as set forth in this Franchise Disclosure Document are | ||
| not enforceable. | ||
| u. Dispute resolution by arbitration or mediation | Section 23 | Except for claims relating to the Trademarks, confidential information, trade secrets and covenants not to compete, and subject to state law, all disputes must be arbitrated in the county of our principal place of business. |
| v. Choice of forum | Section 23 | Subject to state law, any litigation must be pursued in courts located in the |
| county of our principal place of business at the time the action is filed. | ||
| w. Choice of law | Section 23 | Subject to state law, law of the state of Michigan applies, except that |
| disputes over the Marks will be governed by the United States Trademark | ||
| Act of |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 50–56)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, disputes over copyrights will be governed by federal copyright laws of the United States. This means that any legal issues related to the use, ownership, or infringement of copyrights involving the Beyond Juicery Eatery franchise will be handled under the jurisdiction of U.S. federal copyright law. This is a standard practice, as copyright law is primarily a federal matter in the United States.
This clause is important for prospective franchisees because it clarifies which legal framework will apply should any copyright disputes arise. Copyright law can cover a wide range of materials, including logos, marketing materials, website content, and training manuals. Understanding that federal law governs these disputes provides a level of predictability and consistency, as federal copyright law is generally uniform across all states.
However, the FDD also notes that this is 'subject to state law,' which means that while federal law takes precedence on copyright issues, state laws might also have some bearing, particularly concerning how these laws are applied within the state. Franchisees should be aware of this interplay between federal and state laws and consult with legal counsel to understand their rights and obligations fully. This is especially important if a franchisee operates in a state known for having specific intellectual property protections or interpretations.
In summary, while federal copyright laws of the United States govern copyright disputes for Beyond Juicery Eatery, franchisees should also be aware of potential state law implications and seek legal advice to ensure full compliance and protection of their intellectual property rights.