What is Bombs Away Franchising licensing to the Franchisee?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
This Agreement is made between Bombs Away Franchising, LLC, a Wyoming Limited Liability Company ("Bombs Away Franchising"), and Franchisee effective as of the date signed by Bombs Away Franchising (the "Effective Date").
Background Statement:
- A. Bombs Away Franchising and its affiliate Bombs Away Brand, LLC, have created and own a system (the "System") for developing and operating a service business providing pooper scooper and pet waste management services to residential and commercial customers, under the trade name "Bombs Away".
- B. The System includes (1) methods, procedures, and standards for developing and operating a Bombs Away business, (2) particular products and services, (3) the Marks, (4) training programs, (5) business knowledge, (6) marketing plans and concepts, and (7) other mandatory or optional elements as determined by Bombs Away Franchising from time to time.
- C. The parties desire that Bombs Away Franchising license the Marks and the System to Franchisee for Franchisee to develop and operate a Bombs Away business on the terms and conditions of this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, Bombs Away Franchising licenses the Marks and the System to the franchisee. The System encompasses methods, procedures, and standards for operating a Bombs Away business, specific products and services, the Marks, training programs, business knowledge, marketing plans and concepts, and other elements Bombs Away Franchising may introduce.
This license allows the franchisee to develop and operate a Bombs Away business according to the terms and conditions outlined in the Franchise Agreement. The franchisee benefits from using Bombs Away's established brand, operational guidelines, and support systems.
However, franchisees must adhere to Bombs Away's standards and procedures, including those detailed in the manual and System Standards. Bombs Away retains the right to modify these standards and introduce new requirements, which franchisees must comply with at their own expense. This ensures consistency across all Bombs Away franchises but also requires franchisees to adapt to changes implemented by Bombs Away Franchising.
Additionally, Bombs Away Franchising licenses customer data back to the franchisee for use in their business during the agreement term. However, all Innovations conceived or developed by the franchisee related to the business automatically become the property of Bombs Away Franchising, who can incorporate them into the System without compensating the franchisee.