Can Bft license others to use the Marks and System for activities not expressly prohibited by the Franchise Agreement?

According to the 2025 Bft Franchise Disclosure Document, Bft reserves the right to use the Marks and System and license others to do the same, for activities not expressly prohibited in the Franchise Agreement. This means Bft retains broad discretion to authorize third parties to use its trademarks and operational system for ventures beyond what is specifically disallowed in the agreement with the franchisee.

This clause gives Bft significant flexibility to expand its brand reach and revenue streams through various avenues. For a franchisee, this implies that Bft could potentially authorize other businesses or individuals to use the Bft brand and system in ways that might indirectly compete with or affect the franchisee's business. However, this is contingent on such activities not being explicitly forbidden by the Franchise Agreement.

It is important for a prospective Bft franchisee to carefully review the Franchise Agreement to understand what activities are expressly prohibited. This will provide clarity on the scope of Bft's reserved rights and the potential impact on the franchisee's operations. Franchisees should seek legal counsel to fully understand the implications of this clause and how it might affect their investment and business within their designated territory.