If I create any adaptations of the Works for my Brueggers Bagels franchise, who owns that material?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
posters, or Web sites, whether or not such adaptation was authorized by us, you agree that such material will be our property and you hereby assign all your right, title and interest therein to us (or a person designated by us). You agree to execute any documents, in recordable form, which we deem necessary to reflect or perfect such ownership. You must submit all such adaptation, translation or derivative works to us for approval prior to use.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels's 2025 Franchise Disclosure Document, any adaptations, translations, or derivative works of their materials (referred to as "the Works") that a franchisee creates, regardless of whether the franchisor authorized the adaptation, will be the property of Brueggers Bagels. The franchisee is required to assign all rights, titles, and interests in such material to Brueggers Bagels or their designee.
This means that if a franchisee develops any modifications to Brueggers Bagels's existing marketing materials, posters, or websites, the franchisee gives up ownership of those changes to the franchisor. Brueggers Bagels retains control over its brand and image by owning any adaptations made by franchisees.
Furthermore, the franchisee must submit any adaptation, translation, or derivative works to Brueggers Bagels for approval before they can be used. This ensures that all marketing and promotional materials align with Brueggers Bagels's standards and guidelines. The franchisee also agrees to execute any documents necessary to legally transfer or perfect the ownership of these adaptations to Brueggers Bagels.
This requirement is typical in franchising, as it allows the franchisor to maintain brand consistency and quality control across all franchise locations. It is important for a prospective franchisee to understand that they will not own any modifications or improvements they make to Brueggers Bagels's proprietary materials.