Does Bhc's right to use the franchisee's name, image, and likeness survive termination or expiration of the franchise agreement?
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 retains the right to use the franchisee's name, image, and likeness even after the franchise agreement terminates or expires. This means that even after a franchisee leaves the Bhc system, Bhc can still use their name, image, and likeness for commercial purposes.
This right extends to the franchisee themselves and any Principal Equity Operators involved in the franchise. Bhc can use this information in connection with marketing and promotion of the Bhc marks, intellectual property, Bhc products, any Bhc business location, and the Bhc system as a whole. This usage can occur without any compensation or remuneration to the franchisee.
Furthermore, Bhc requires franchisees to obtain a release from any affected employee who is not a Principal Equity Operator, allowing 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. This comprehensive right ensures Bhc can continue to leverage the franchisee's and their personnel's identities for promotional activities, even after the franchise relationship has ended.