What rights does Bhc have regarding the name, image, and likeness of franchisees and employees?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
You grant us the right to use the name, image and likeness of you, your Affiliate Franchisee and your Subfranchisees, all Principal Equity Operators and any affected employees, for commercial purposes in connection with the marketing and promotion of the Marks, BHC Products, and the System. (See section 9.1(d) of the MFA.)
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, franchisees grant Bhc the right to use the name, image, and likeness of the franchisee, their Affiliate Franchisee and Subfranchisees, all Principal Equity Operators, and any affected employees for commercial purposes. This usage is specifically tied to the marketing and promotion of Bhc's trademarks, products, and overall system. This is further detailed in section 9.1(d) of the Master Franchise Agreement (MFA).
This means that Bhc has the right to use the franchisee's, subfranchisee's, and employees' names, images, and likenesses in advertising and promotional materials. This could include featuring them in advertisements, on the company website, or in other marketing campaigns. Franchisees should be aware that this grant of rights is a condition of the franchise agreement and extends to their subfranchisees and key personnel.
It is important for prospective franchisees to understand the extent to which Bhc may use their and their employees' identities for commercial purposes. Franchisees should consider the implications of this clause for their privacy and public image. They may want to discuss with Bhc how these rights will be exercised and what control, if any, they will have over the use of their image and likeness.