What conduct regarding the Marks is prohibited for Bhc franchisees, their employees, and agents?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
the Intranet that allows Franchisor to send messages to, and receive messages from Franchisee, subject to Franchisor's standards and specifications.
8.14 Franchise Advisory Council.
At this time, there is no advertising council of franchisees that advises us regarding advertising and promotional programs or policies for Franchised BHC Restaurants generally. Franchisor does not currently require Franchisees to participate in a local or regional advertising cooperative. No local or regional advertising cooperative exists in Franchisor's system at this time.
9. PROPRIETARY MARKS
9.1 License of the Marks.
- (a) Franchisor hereby grants Franchisee the right during the term hereof to use and display the Marks in accordance with the provisions contained in this Agreement and in the Operations Manual, solely in connection with Franchisee's operation of the Franchised Business at the Franchised BHC Restaurant, and in the Territory. Neither Franchisee nor any Principal Equity Operator nor any employee, agent, or representative thereof may use, display, or permit the use or display of trademarks, trade names, service marks, insignias, or logo types other than the Marks and other trademarks and service marks approved for use by Franchisor in connection with the Franchised Business. Neither Franchisee nor any Principal Equity Operator nor any employee, agent, or representative thereof may use or display the Marks and Intellectual Property in connection with the operation of any business or other activity that is outside the scope of the Franchised Business. Franchisee may only use the Marks and Intellectual Property on the Internet or other electronic media in the manner and as specifically authorized by Franchisor in the Operations Manual or otherwise in writing.
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, franchisees, their Principal Equity Operators, employees, agents, and representatives are restricted in how they use Bhc's Marks. They cannot use, display, or permit the use or display of any trademarks, trade names, service marks, insignias, or logo types other than the Marks approved by Bhc. This ensures brand consistency and prevents confusion among customers.
Furthermore, franchisees and their personnel are prohibited from using the Marks and Intellectual Property in connection with any business or activity outside the scope of the franchised Bhc Restaurant. The franchisee can only use the Marks and Intellectual Property on the Internet or other electronic media if specifically authorized by Bhc in the Operations Manual or in writing. This restriction is in place to maintain the integrity of the Bhc brand and prevent its association with unrelated or potentially conflicting ventures.
Franchisees are responsible for supervising their employees and agents to ensure they properly use the Marks and Intellectual Property in compliance with the franchise agreement. This highlights the franchisee's role in safeguarding Bhc's brand identity. Franchisees also cannot identify themselves as the franchisor, a subsidiary, parent, division, shareholder, partner, joint venture, agent, or employee of Bhc or the Owner of the Marks, or any of Bhc's other franchisees. If the franchisee is an entity, it cannot use the Marks "BHC" in its legal name. These stipulations are designed to clearly differentiate the franchisee as an independent entity and prevent any misrepresentation of their relationship with Bhc.