Does the franchise agreement confer any ownership interest in 'The Works' to the Brueggers Bagels franchisee?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
10.1.2. Cease to use the confidential methods, procedures, and techniques associated with the System, the "Bruegger's" and "Bruegger's Bagels" names and marks, all other Proprietary Marks, the Works, and all other distinctive forms, slogans, signs, symbols, Web sites, domain names, email addresses, other electronic identifiers, and devices associated with the System; withdraw all advertising matter (including electronic marketing); and except as provided in Section 10.2 below not thereafter, directly or indirectly, represent yourself to the public or hold yourself out as a present or former franchisee of ours;
10.1.3. Deliver to us the Manuals and all other records, correspondence, and instructions in your possession or control, in any medium, that contain confidential information, trade secrets, or know-how relating to the System or the operation of a Bakery, all of which you acknowledge to be our property;
10.1.4. Take such action as may be necessary to cancel any assumed name registration or equivalent registration, and any e-mail address or domain name registration, obtained by you which contains "Bruegger's" or any other Proprietary Marks, and furnish evidence satisfactory to us of compliance with this obligation within five (5) days after termination or expiration of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels' 2025 Franchise Disclosure Document, the franchise agreement does not grant the franchisee any ownership interest in 'The Works'. Instead, 'The Works' remains the property of Bruegger's Franchise Corporation. Upon termination or expiration of the franchise agreement, the franchisee must cease using 'The Works' and all other distinctive forms, slogans, signs, symbols, websites, domain names, email addresses, other electronic identifiers, and devices associated with the Brueggers Bagels system.
Furthermore, the franchisee is obligated to withdraw all advertising matter, including electronic marketing, related to Brueggers Bagels. They cannot represent themselves as a present or former franchisee, except as provided in specific sections of the agreement. The franchisee must also deliver to Bruegger's Bagels the manuals and all other records, correspondence, and instructions in their possession or control that contain confidential information, trade secrets, or know-how related to the Brueggers Bagels system or the operation of a bakery, acknowledging that all such materials are the property of Bruegger's Franchise Corporation.
Finally, the franchisee is required to take necessary actions to cancel any assumed name registration or equivalent registration, as well as any email address or domain name registration, obtained by them that contains "Bruegger's" or any other proprietary marks. Evidence of compliance with this obligation must be furnished to Bruegger's Bagels within five days after the termination or expiration of the agreement. This ensures that all intellectual property and proprietary information remain under the ownership and control of Bruegger's Franchise Corporation.