Can Bombs Away franchisees 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;
- (ii) return to Bombs Away Franchising all copies of the Manual, Confidential Information and any and all other materials provided by Bombs Away Franchising to Franchisee or created by a third party for Franchisee relating to the operation of the Business, and all items containing any Marks, copyrights, and other proprietary items; and delete all Confidential Information and proprietary materials from electronic devices;
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, franchisees are not allowed to use any materials containing copyrights after the termination or expiration of the franchise agreement. Upon termination, the franchisee must return to Bombs Away all copies of the Manual, Confidential Information, and any other materials provided by Bombs Away, including items containing any Marks, copyrights, and other proprietary items. Franchisees must also delete all Confidential Information and proprietary materials from electronic devices.
This means that a former Bombs Away franchisee cannot continue to use any marketing materials, training manuals, or other resources that contain Bombs Away's copyrighted content. This restriction is typical in franchising, as it protects the franchisor's intellectual property and brand identity.
This requirement ensures that the franchisee does not unfairly compete with the Bombs Away system after the agreement ends and that the brand's image remains consistent across all locations, even after a franchise ceases operation. The franchisee must also discontinue using any phone numbers, websites, or listings associated with Bombs Away and transfer them as directed by Bombs Away Franchising.