What law governs disputes over copyrights related to the Beyond Juicery Eatery franchise?
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 1946 (Lanham Act, 15 U.S.C. Sec. 1051 et. seq) and disputes over | ||
| copyrights will be governed by federal copyright laws of the United | ||
| States. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 50–56)
What This Means (2025 FDD)
According to the 2025 Beyond Juicery Eatery Franchise Disclosure Document, disputes over copyrights will be governed by federal copyright laws of the United States. This is detailed under the choice of law provision, which generally defaults to the law of the state of Michigan. However, an exception is made for disputes concerning trademarks and copyrights. Disputes over the Marks (trademarks) are governed by the United States Trademark Act of 1946 (Lanham Act, 15 U.S.C. Sec. 1051 et seq.).
This means that if a Beyond Juicery Eatery franchisee has a disagreement with the franchisor or another party regarding copyright issues, such as the unauthorized use of copyrighted materials, the resolution will be based on U.S. federal copyright laws. This is a fairly standard practice in franchising, as intellectual property rights are often protected at the federal level.
It is important for prospective Beyond Juicery Eatery franchisees to understand that while Michigan law generally applies to the franchise agreement, federal law takes precedence in matters of copyright. Franchisees should consult with an attorney to fully understand their rights and obligations under both the franchise agreement and federal copyright laws.