Does Bhc have the right to use the franchisee's name, image, and likeness for commercial purposes?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
- (d) Franchisee hereby grants Franchisor the right at any time to use the name, image and likeness of Franchisee and all Principal Equity Operators for commercial purposes in connection with the marketing and promotion of the Marks, Franchisor's Intellectual Property, BHC Products, any BHC business location and the System, without any form of compensation or remuneration.
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, Bhc has the right to use the franchisee's name, image, and likeness for commercial purposes. Specifically, Bhc is granted the right to use the name, image, and likeness of the franchisee and all Principal Equity Operators for marketing and promotion.
This includes using these elements in connection with the marketing and promotion of the Marks, Bhc's Intellectual Property, Bhc Products, any Bhc business location, and the System. This right is granted without any form of compensation or remuneration to the franchisee.
Bhc also requires franchisees to obtain a release from any affected employee who is not a Principal Equity Operator, authorizing Bhc to use the employee's name, image, and likeness for the same purposes, also without compensation. The franchisee must provide Bhc with a copy of this signed release.
It is important to note that Bhc retains these rights even after the termination or expiration of the franchise agreement. This means that even after a franchisee leaves the Bhc system, Bhc can still use their name, image, and likeness for commercial purposes related to the brand.