Who is responsible for compliance with laws pertaining to sending electronic communication for a Brueggers Bagels franchise?
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)
The 2025 Brueggers Bagels Franchise Disclosure Document (FDD) outlines the responsibilities of both the franchisor and franchisee regarding electronic communications. Brueggers Bagels and its "Official Senders" (employees, vendors, and affiliates) are authorized to send electronic communications to the franchisee and their designated employees. However, the franchisee also has obligations related to these communications.
The franchisee must ensure their officers, directors, members, managers, and employees consent to receive electronic communications from Brueggers Bagels' "Official Senders" as a condition of their employment or position. The franchisee also agrees not to opt-out of receiving these communications during the term of the Franchise Agreement. Brueggers Bagels may require the franchisee to use a specific email address for official business related to the bakery.
Upon termination or expiration of the Franchise Agreement, the franchisee must cease using all electronic identifiers associated with the Brueggers Bagels system, including email addresses. They must also take action to cancel any email address or domain name registrations containing "Bruegger's" or other proprietary marks. While the FDD outlines these obligations, it does not explicitly state who is responsible for ensuring compliance with laws pertaining to sending electronic communication. A prospective franchisee should seek clarification from the franchisor on this matter.