What is the Bhc franchisee's obligation regarding employee releases for the use of their name, image, and likeness?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee also agrees (i) to have any affected employee of Franchisee who is not a Principal Equity Operator sign a release in the form contained in the Operations Manual authorizing Franchisor to also use the employee's name, image and likeness for the purposes described in this section 9.1(d), without compensation or remuneration, and (ii) to provide Franchisor with a copy of such signed release.
The terms of this section 9.1(d) survive termination or expiration of this Agreement.
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, franchisees are obligated to obtain releases from certain employees for the use of their name, image, and likeness. Specifically, Bhc franchisees must ensure that any affected employee who is not a Principal Equity Operator signs a release. This release authorizes Bhc to use the employee's name, image, and likeness for commercial purposes related to marketing and promotion.
The release form itself is included in Bhc's Operations Manual. After obtaining the signed release, the franchisee must provide a copy of the signed release to Bhc. This requirement allows Bhc to utilize the images and likenesses of the franchisee's employees in their broader marketing efforts without providing any compensation or remuneration to the employees.
This obligation extends throughout the term of the franchise agreement and even survives its termination or expiration. This means that Bhc retains the right to use the employee's name, image, and likeness even after the franchise relationship ends. It is important for prospective franchisees to understand this obligation and ensure compliance to avoid any potential legal issues related to the use of employee's images.