Can Bhc develop proprietary software that franchisees may be required to license?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
We reserve the right to develop proprietary software.
You may be required to license the proprietary software from us, an affiliate or a third party, and you also may be required to pay a software licensing or use fee in connection with your use of the proprietary software.
All right, title and interest in the software will remain with the licensor of the software.
We may independently access the Computer System and retrieve, analyze, download, and use all software, data and files stored or used on the Computer System.
- (v) We may access the Computer System through our intranet, in your, your Affiliated Franchisee's and your Subfranchisees' BHC Restaurant or from other locations.
You must, and ensure that your Affiliated Franchisee and Subfranchisee, Restaurant all data and information that we designate and report data and information in the manner we specify, including through our intranet or other online communications.
Source: Item 11 — Franchisor's Assistance, Advertising, Computer Systems, And Training (FDD pages 29–38)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, Bhc reserves the right to develop proprietary software. As a franchisee, you may be required to license this proprietary software from Bhc, an affiliate, or a third party. Additionally, you may have to pay a software licensing or usage fee to use this software. All rights, title, and interest in the software will remain with the licensor.
Bhc can independently access the computer system and retrieve, analyze, download, and use all software, data, and files stored or used on the computer system. Bhc may access the computer system through its intranet, at the franchisee's BHC Restaurant, or from other locations. Franchisees must ensure that all designated data and information is reported in the manner specified by Bhc, including through their intranet or other online communications.
This means that Bhc franchisees could face additional costs for software licensing and usage, and they must comply with any changes or enhancements Bhc makes to the computer system. Franchisees are responsible for acquiring the right to use hardware, software, peripheral equipment, and accessories, as well as arranging for installation, maintenance, and support services for the computer system at their own cost. There are no contractual limitations on the frequency and cost of this obligation.