Does the Confidentiality and Non-Compete Agreement for Burros Fries outline any specific obligations for the franchisor?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
All of our obligations under this Agreement shall benefit only the Franchisee, and no other party is entitled to rely on, enforce, benefit from or obtain relief for breach of such obligations, either directly or by subrogation.
B. Web Page
We will provide to Franchisee a Burros & Fries page housed within the corporate website that may include interactive functionality and portals online for additional training, advertising, operational and support materials. Franchisee may customize parts of the web page with our approval however the look of the web page must remain consistent as specified in the Operations Manual. Franchisee agrees and acknowledges that maintenance and any changes, edits or updates to the web page must be performed by us, our affiliates and/or approved vendors. Upon approval of Franchisee's request, which must be submitted in writing, Franchisee is responsible for the cost of such changes. Franchisee may neither establish nor use any Website or perform any type of promotion over the Internet without our prior written approval and if such approval is granted Franchisee must comply with our requirements regarding discussing, advertising or disseminating any information on a Website, regarding the Business as described in Section 6 of this Agreement. We shall own all copyright and other intellectual property rights to the web page, as well as the contents of the corporate website or any other Website upon expiration or termination of this Agreement as described in Section 24.E and this agreement constitutes a "work for hire." In the event that an arbitral panel or a court of competent jurisdiction holds that the customizations or contents are not works for hire, then the Franchisee agrees to assign all copyright and other intellectual property rights to the customizations to us. The term "all copyright and other intellectual property rights" shall include ownership rights in all media, whether now known or hereinafter invented, by all means, methods, and processes, whether now known or hereinafter invented, including interactive rights and rights to derivate works.
C. Site Selection
Franchisee has the responsibility for selecting a site for its Business. If Franchisee is leasing a space for the Business, we must review and approve the lease prior to the lease being signed. If the Franchisee is purchasing property, we must review and approve the lease or purchase contract prior to it being signed. We will review and approve or disapprove the location of the Business and will not
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, the franchisor's obligations are outlined in regards to the Franchise Agreement. Specifically, all obligations under the agreement benefit only the franchisee. No other party can rely on, enforce, benefit from, or obtain relief for breach of such obligations. This means Burros Fries, as the franchisor, has obligations solely to the franchisee, and no third party can claim rights or benefits under the agreement.
Burros Fries also has obligations related to the franchisee's web page. Burros Fries will provide the franchisee with a Burros & Fries page within the corporate website, which may include interactive functionality and portals for additional training, advertising, operational, and support materials. While the franchisee can customize parts of the web page with Burros Fries' approval, the overall look must remain consistent with the Operations Manual.
Maintenance, changes, edits, and updates to the web page must be performed by Burros Fries, its affiliates, or approved vendors, with the franchisee responsible for the costs of such changes upon written approval of their request. Burros Fries retains ownership of all copyright and other intellectual property rights to the web page and the contents of the corporate website, ensuring consistency and control over the brand's online presence.
Finally, Burros Fries must review and approve the lease if the franchisee is leasing a space for the business. If the franchisee is purchasing property, Burros Fries must review and approve the lease or purchase contract before it is signed. Burros Fries will review and approve or disapprove the location of the business.