What happens to the data ownership at Brueggers Bagels after the franchise agreement terminates or expires?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
18. OBLIGATIONS UPON TERMINATION OR EXPIRATION
- 18.1. De-Identification. Except as provided in Section 18.2 below, upon termination or expiration of this Agreement, you must:
- 18.1.1. Cease to operate the Bakery;
- 18.1.2. 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, e-mail addresses, other electronic identifiers, and devices associated with the Bakery or the System; withdraw all advertising matter (including electronic marketing); remove from the Premises all signs, letterhead, and other articles which display the Proprietary Marks; and except as provided in Section 18.2 below not thereafter, directly or indirectly, represent yourself to the public or hold yourself out as a present or former franchisee of ours;
- 18.1.3. 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;
- 18.1.4. 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. You hereby appoint us your attorney-in-fact to carry out the requirements of this Section 18.1.4, if you fail to do so within such five (5) day period;
- 18.1.5. Not use any reproduction, counterfeit, copy, or colorable imitation of the Proprietary Marks or the Works in connection with any other business which, in our sole discretion, is likely to cause confusion, mistake, or deception or to dilute our and our affiliates' rights in and to the Proprietary Marks and the Works.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels's 2025 Franchise Disclosure Document, upon termination or expiration of the Franchise Agreement, the franchisee must deliver to Brueggers Bagels all manuals, records, correspondence, and instructions in their possession or control. This includes any medium containing confidential information, trade secrets, or know-how related to the Brueggers Bagels system or the operation of the bakery. The franchisee acknowledges that all of these items are the property of Brueggers Bagels.
Additionally, the franchisee must cease using any confidential methods, procedures, and techniques associated with the Brueggers Bagels system. This extends to the "Bruegger's" and "Bruegger's Bagels" names and marks, all other proprietary marks, the works, and all other distinctive forms, slogans, signs, symbols, websites, domain names, email addresses, other electronic identifiers, and devices associated with the bakery or the system. The franchisee must also withdraw all advertising matter, including electronic marketing.
Furthermore, 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, that contains "Bruegger's" or any other proprietary marks. Evidence of compliance with this obligation must be provided to Brueggers Bagels within five days after the termination or expiration of the agreement. Brueggers Bagels is appointed as the attorney-in-fact to carry out these requirements if the franchisee fails to do so within the specified timeframe.
In summary, upon termination or expiration of the franchise agreement, all data, confidential information, and intellectual property related to the Brueggers Bagels system revert back to Brueggers Bagels. The franchisee loses all rights to use or retain this information and must actively transfer control and ownership back to the franchisor.