If Bhc establishes an Intranet, can franchisees use abusive language in electronic communications?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: Receipts]
8.13 Intranet.
- (a) Franchisor may, at its option, establish and maintain an "Intranet" through which (i) BHC franchisees may communicate with each other, (ii) Franchisor and Franchisee may communicate with each other and (iii) Franchisor may disseminate the Operations Manual, updates thereto and other confidential information. Franchisor has full discretion and control over all aspects of any such Intranet, including the content and functionality thereof. Franchisor will have no obligation to maintain the Intranet indefinitely and may dismantle it at any time without liability to Franchisee.
- (b) If establishes an Intranet, Franchisee must use it in strict compliance with the standards and specifications, protocols and restrictions Franchisor establishes regarding such use. Such standards and specifications, protocols and restrictions may provide, restrict or otherwise relate to (i) the use of abusive, slanderous or otherwise offensive language in electronic communications, (ii) communications between or among BHC franchisees that disparage Franchisor or endorse or encourage breach of any BHC franchise agreement, or other agreement with Franchisor or Franchisor's affiliates, (iii) confidential treatment of materials that Franchisor transmits via the Intranet, (iv) password protocols and other security precautions, including limitations on the number and types of employees who may be granted access to the Intranet, (v) grounds and procedures for Franchisor's suspending or revoking a BHC
franchisee's access to the Intranet, and (vi) a privacy policy governing Franchisor's access to and use of electronic communications that franchisees post to the Intranet. Franchisee acknowledges that, as administrator of the Intranet, Franchisor can access and view any communication that any person posts on the Intranet. Franchisee further acknowledges that the Intranet facility and all communications posted to it are Franchisor's property, free of any claims of privacy or privilege that Franchisee or any other person may assert.
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, if Bhc establishes an Intranet for communication between franchisees and the franchisor, franchisees must adhere to the standards, specifications, protocols, and restrictions set by Bhc. These standards may specifically address and restrict the use of abusive, slanderous, or otherwise offensive language in electronic communications.
Bhc retains full discretion and control over all aspects of the Intranet, including its content and functionality. Bhc can access and view any communication posted on the Intranet, as it is considered Bhc's property, free of any privacy claims from franchisees. This means Bhc actively monitors communications and can enforce its standards regarding appropriate language.
For a prospective Bhc franchisee, this implies that all electronic communications on the Intranet must be professional and respectful. Failure to comply with Bhc's standards could lead to suspension or revocation of access to the Intranet. Franchisees should be aware that there is no expectation of privacy when using the Intranet and that Bhc has the right to monitor and control all communications.