What is a Brueggers Bagels franchisee authorizing regarding electronic communications with the franchisor?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
To facilitate the use of electronic communication to exchange information, you authorize the transmission of those electronic communications by us and our employees, vendors, and affiliates
(on matters pertaining to the business contemplated hereunder) (together, "Official Senders") to you during the term of this Agreement.
- 9.12.1. In order to implement the terms of this Section 9.12, you agree that: (a) Official Senders are authorized to send electronic communications to those of your employees as you may occasionally designate for the purpose of communicating with us and others; (b) you will cause your officers, directors, members, managers, and employees (as a condition of their employment or position with you) to give their consent (in an electronic communication or in a pen-and-paper writing, as we may reasonably require) to Official Senders' transmission of electronic communication to those persons, and that such persons shall not opt-out, or otherwise ask to no longer receive electronic communication, from Official Senders during the time that such person works for or is affiliated with you; and (c) you will not opt-out, or otherwise ask to no longer receive electronic communications, from Official Senders during the term of this Agreement.
- 9.12.2. The consent given in this Section 9.12 shall not apply to the provision of notices by either party under this Agreement using e-mail unless the parties otherwise agree in a pen-and-paper writing signed by both parties.
- 9.12.3. We may permit or require you to use a specific e-mail address (that is, one that will contain a Top Level Domain Name that we designate, such as jane.smith@brueggers.com or "john.jones@brueggersfranchisee.com), in connection with the operation of the Bakery. We may require you to sign our current form of E-Mail Authorization Letter and/or an Extranet Agreement. If we assign you an e-mail address, then you agree that you (and your employees) will use only that email account for all official business associated with your Bakery.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels' 2025 Franchise Disclosure Document, franchisees authorize the transmission of electronic communications from Brueggers Bagels, its employees, vendors, and affiliates (referred to as "Official Senders") during the term of the Franchise Agreement. These communications pertain to business matters related to the franchise. Franchisees agree to this arrangement to facilitate information exchange.
To implement this, franchisees must ensure their employees consent to receive electronic communications from Official Senders as a condition of their employment. Employees are not allowed to opt-out of receiving these communications during their affiliation with the franchisee. Similarly, the franchisee themselves cannot opt-out of receiving electronic communications from Official Senders during the term of the agreement.
However, this consent does not extend to the provision of notices required under the Franchise Agreement unless both parties specifically agree to use email in a signed, written agreement. Brueggers Bagels may also require franchisees to use a specific email address format (e.g., @brueggers.com or @brueggersfranchisee.com) for business operations and may require franchisees to sign an E-Mail Authorization Letter or Extranet Agreement. If a specific email address is assigned, the franchisee and their employees must use only that email account for all official business related to their Brueggers Bagels bakery.