What is a Big Apple Bagels franchisee required to do to promote the business and goodwill of the Marks?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees that he will at all times faithfully, honestly and diligently perform his obligations hereunder, and that he will continuously exert his
best efforts to promote and enhance the business of the Store and the goodwill of the Marks.
Source: Item 22 — CONTRACTS (FDD pages 86–87)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, franchisees must exert their best efforts to promote and enhance the business of their store and the goodwill of the Marks. This obligation is part of the franchise agreement, and franchisees agree to faithfully, honestly, and diligently perform their duties.
However, the franchisee's ability to independently promote the business is restricted. Big Apple Bagels retains control over key marketing channels. Franchisees cannot independently solicit business or promote the business through a toll-free number, catalog, any electronic service including the Internet, Social Media, Mobile Application or Digital Marketing. The franchisor has the sole right to create, own, and control the website for the franchisee's store, as well as to create, own, and monitor all social media postings. Franchisees can participate in social media content but must adhere to the franchisor's guidelines, and the franchisor can alter or delete postings.
Furthermore, Big Apple Bagels controls all aspects of digital marketing. Franchisees need written consent from the franchisor to conduct any digital marketing that uses the Marks or relates to their Big Apple Bagels store. If consent is granted, franchisees must comply with the franchisor's guidelines and standards. Franchisees must also participate in any mobile applications and online ordering programs required by the franchisor and cannot use any unauthorized mobile apps or programs. These restrictions ensure brand consistency and quality control across all Big Apple Bagels locations, but they also limit the franchisee's autonomy in local marketing efforts.