What happens to the data ownership when the Brueggers Bagels agreement terminates or expires?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 9.2.1. All data you collect, create, provide, or otherwise develop on your Computer System, whether or not uploaded to our system from your system, and/or downloaded from your system to our system, is and will be owned exclusively by us, and we will have the right to access, download, and use such data in any manner that we deem appropriate without compensation to you.
- 9.2.2. All other data that you create or collect in connection with the System, and in connection with your operation of the Bakery (including but not limited to customer and transaction data), is and will be owned exclusively by us during the term of, and following termination or expiration of, this Agreement.
- 9.2.3. You agree to transfer to us all data that we do not automatically collect upon our request.
- 9.2.4. We hereby license use of such data back to you, at no additional cost, solely for the term of this Agreement and solely for your use in connection with operating the Bakery under the System. You acknowledge and agree that except for the right to use the data under this clause, you will not develop or have any ownership rights in or to the data.
- 9.2.5. Upon termination, expiration, and/or transfer of this Agreement and/or the Bakery, you agree to provide us with all data (in the digital machine-readable format that we specify, and/or printed copies, and/or originals) promptly upon our request.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels' 2025 Franchise Disclosure Document, all data collected, created, provided, or developed on the franchisee's computer system is owned exclusively by Brueggers Bagels. This includes data uploaded to or downloaded from their system, and Brueggers Bagels has the right to access, download, and use this data in any manner they deem appropriate without compensating the franchisee. This stipulation applies regardless of whether the data is uploaded to Brueggers Bagels' system from the franchisee's system, or downloaded from Brueggers Bagels' system to the franchisee's system.
Brueggers Bagels also owns all other data created or collected in connection with the Brueggers Bagels system and the operation of the bakery, including customer and transaction data. This ownership extends both during the term of the agreement and following its termination or expiration. The franchisee agrees to transfer all data that Brueggers Bagels does not automatically collect upon request.
During the term of the agreement, Brueggers Bagels licenses the use of such data back to the franchisee at no additional cost, solely for operating the bakery under the Brueggers Bagels system. However, the franchisee acknowledges that they will not develop or have any ownership rights to the data, except for this right to use it. Upon termination, expiration, or transfer of the agreement or the bakery, the franchisee must provide Brueggers Bagels with all data in the specified digital machine-readable format, printed copies, or originals, promptly upon request.