Can Bombs Away Franchising require a franchisee to upgrade, update, or replace software?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
- 7.7 Software. Without limiting the generality of Section 7.1 or Section 8.1, Franchisee shall acquire and use all software and related systems required by Bombs Away Franchising.
Franchisee shall enter into any subscription and support agreements that Bombs Away Franchising may require.
Franchisee shall upgrade, update, or replace any software from time to time as Bombs Away Franchising may require.
Franchisee shall protect the confidentiality and security of all software systems, and Franchisee shall abide by any System Standards related thereto.
Franchisee shall give Bombs Away Franchising unlimited access to Franchisee's point of sale system and
other software systems used in the Business, by any means designated by Bombs Away Franchising.
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, franchisees are required to adhere to Bombs Away Franchising's software requirements. Bombs Away mandates that franchisees acquire and use all software and related systems that they require. Franchisees must also enter into any subscription and support agreements Bombs Away Franchising deems necessary.
Specifically, Bombs Away can require franchisees to upgrade, update, or replace any software as they see fit. Franchisees are also responsible for protecting the confidentiality and security of all software systems and must comply with any System Standards related to them.
Furthermore, Bombs Away Franchising requires unlimited access to the franchisee's point of sale system and other software systems used in the business, using any means they designate. This gives Bombs Away significant control over the technology used in the franchise and ensures uniformity across all locations.