How does the Big Apple Bagels franchise agreement define 'Mobile Application' or 'Mobile App'?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- i. Definitions: "Technology" includes Websites, Social Media, Mobile Applications, and Digital Marketing, as defined below.
- (a) Website. As used in this Agreement, a "website" is a collection of related web pages, including multimedia content, which is accessible via the Internet, that Franchisor operates or authorizes others to operate and that refers to the BAGELS Stores, Proprietary Marks, Franchisor and/or the System.
- (b) Social Media. As used in this Agreement, the phrase "Social Media" means interactive computer-mediated technologies that facilitate the creation and sharing of information, ideas, career interests and other forms of expression via virtual communities and networks, such as Facebook, You Tube, LinkedIn, Twitter, Instagram, Pinterest, blogs, or other similar communication methods.
- (c) Mobile Application. As used in this Agreement, a "Mobile Application" or Mobile App is a software application designed for use on mobile devices, such as smartphones and tablets, rather than desktop or laptop computers**.**
Source: Item 22 — CONTRACTS (FDD pages 86–87)
What This Means (2025 FDD)
According to the 2025 Big Apple Bagels Franchise Disclosure Document, a "Mobile Application" or "Mobile App" is defined as a software application designed for use on mobile devices, such as smartphones and tablets, rather than desktop or laptop computers. This definition is part of a broader section defining various technologies relevant to the franchise.
This definition clarifies the scope of what Big Apple Bagels considers a mobile application within the context of the franchise agreement. It distinguishes mobile apps from traditional desktop or laptop software, highlighting their intended use on portable devices. This distinction is important as it relates to the franchisee's obligations and the franchisor's rights concerning technology and marketing.
The franchise agreement also stipulates that franchisees must participate in any Mobile Application programs required by Big Apple Bagels and may not use any mobile apps or participate in programs not coordinated by the company without prior written authorization. This provision ensures that all mobile applications used in connection with the Big Apple Bagels brand are controlled and approved by the franchisor, maintaining brand consistency and quality control across all franchise locations.