Can a Bombs Away franchisee use copyrighted materials outside of the franchise term?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
a felony; or
- (xiii) Franchisee or any Owner is accused by any governmental authority or third party of any act, or if Franchisee or any Owner commits any act or series of acts, that in Bombs Away Franchising's opinion is reasonably likely to materially and unfavorably affect the Bombs Away brand.
- 14.3 Effect of Termination. Upon termination or expiration of this Agreement, all obligations that by their terms or by reasonable implication survive termination, including those pertaining to
non-competition, confidentiality, indemnity, and dispute resolution, will remain in effect, and Franchisee must immediately:
- (i) pay all amounts owed to Bombs Away Franchising based on the operation of the Business through the effective date of termination or expiration;
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 25–26)
What This Means (2024 FDD)
According to the 2024 Bombs Away Franchise Disclosure Document, a franchisee's right to use copyrighted materials associated with the Bombs Away business ceases immediately upon termination or expiration of the franchise agreement. Specifically, the franchisee must return all materials containing any Marks, copyrights, and other proprietary items to Bombs Away Franchising. They must also delete all Confidential Information and proprietary materials from electronic devices.
This means that upon termination or expiration, the franchisee loses all rights to utilize any of Bombs Away's copyrighted materials. This includes the Bombs Away manual, confidential information, and any other materials provided by Bombs Away Franchising or created by a third party for the franchisee relating to the operation of the business.
The franchisee is also required to notify all relevant entities (telephone, internet, email, etc.) of the termination or expiration of their right to use any numbers, addresses, domain names, locators, directories, and listings associated with any of the Marks. This ensures a clean break and prevents any continued association with the Bombs Away brand after the franchise agreement ends. Bombs Away Franchising can then transfer these assets to a new franchisee.
This provision is standard in franchising to protect the brand's intellectual property and ensure consistent brand representation. Failure to comply with these requirements could result in legal action from Bombs Away to protect its trademarks and copyrighted materials.