Under what conditions can Bonchon cease permitting access to its software and other licensed materials due to a Licensee's default?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
Licensee hereby gives to Licensor a security interest in and to any proprietary data of Licensor that is generated by or obtained via the Bonchon Software and other materials furnished under this Agreement as security for Licensee's performance of all its obligations under this Agreement, together with the right, without liability, to cease permitting access to the Bonchon Software and other materials licensed under this Agreement, with or without notice, in the event of default in any of Licensee's obligations under this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, Bonchon can cease a licensee's access to its software and other licensed materials if the licensee defaults on any of their obligations under the franchise agreement. Bonchon retains a security interest in any proprietary data generated by or obtained through the Bonchon software and other furnished materials. This security interest serves as collateral for the licensee's performance of all obligations under the agreement.
Bonchon has the right, without incurring liability, to stop a licensee from accessing the Bonchon software and other licensed materials. This action can be taken with or without prior notice to the licensee. The trigger for this cessation of access is a default in any of the licensee's obligations as defined in the franchise agreement.
This clause gives Bonchon a significant degree of control over a franchisee's access to essential operational tools if the franchisee fails to meet their contractual obligations. Prospective franchisees should carefully review the franchise agreement to fully understand what constitutes a default and the potential consequences, including the loss of access to the Bonchon software and other licensed materials necessary for running the business.