Can Bhc access the Computer System electronically, and if so, is notice required?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
ranchisee's Territory. Therefore, Franchisee agrees to maintain the uniform standards of quality, appearance, and display of the Marks in strict accordance with this Agreement and the Operations Manual as it may be periodically revised, or as Franchisor may otherwise direct in writing. To assist Franchisor in maintaining consumer brand recognition through advertising and an effective network of franchisees, Franchisee specifically agrees it will not display the Marks except in the manner Franchisor authorizes.
8.4 Computer System.
- (a) Franchisee must purchase, use, and maintain the computerized point of sale cash collection system and integrated business computer (including all related hardware and software) as specified in the Operations Manual or otherwise by Franchisor in writing for use at the Franchised BHC Restaurant (the "Computer System"). The Computer System must always be powered on and connected to a dedicated high-speed communications medium specified by Franchisor, capable of accessing the Internet for the purpose of implementing software, transmitting, and receiving data, accessing the Internet in the manner designated by Franchisor in the Operations Manual or otherwise in writing. Franchisee must obtain and maintain an annual maintenance agreement with the manufacturer or distributor of the Computer System. The Computer System must be electronically linked to Franchisor. Franchisor may electronically access the Computer System and any of Franchisee's Internet domain names or email addresses on a daily or other basis at such times and in such manner as determined by Franchisor, with or without notice, to retrieve such transaction information including sales, sales mix, usage, and other operations data as Franchisor deems appropriate. Franchisee must ensure that only adequately trained employees conduct transactions using the Computer System. Within a reasonable time upon Franchisor's request, Franchisee must apply for and maintain debit cards, credit cards or other non-cash systems existing or developed in the future to enable customers to purchase BHC Products via such procedure, as specified by Franchisor. Franchisor may require Franchisee to update, upgrade or replace the Computer System, including hardware or software, periodically upon written notice. The Computer System must also be configured and enabled to send daily and weekly sales reports to the email address provided by Franchisor.
- (b) Franchisor may designate the computer software to be used in the operation of the Computer System ("Designated Software"). If Franchisor does so, Franchisee must license or sublicense such Designated Software from Franchisor's designee and enter into a software license agreement on the software licensor's then-current form and pay any related license or maintenance fees.
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, Bhc can electronically access the Computer System that franchisees are required to maintain. Bhc can access the system on a daily or other basis, at such times and in such manner as Bhc determines.
Bhc's access includes the ability to retrieve transaction information, including sales, sales mix, usage, and other operations data that Bhc deems appropriate. This broad access allows Bhc to monitor the franchisee's performance and ensure compliance with the franchise agreement.
Importantly, Bhc can access the Computer System with or without notice to the franchisee. This means a franchisee must ensure the system is always properly maintained and transmitting accurate data, as Bhc may check the system at any time without warning. Franchisees must also communicate all passwords, access keys, and other security measures to Bhc to facilitate this access.