Will Burros Fries provide franchisees with a web page?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to Burros Fries's 2024 Franchise Disclosure Document, franchisees will receive a Burros & Fries web page housed within the corporate website. This page may include interactive functionality and online portals for training, advertising, and support materials. Franchisees can customize parts of their web page, but the overall look must remain consistent with the Operations Manual.
Burros Fries franchisees must have the franchisor, its affiliates, or approved vendors perform any maintenance, changes, edits, or updates to their web page. Franchisees are responsible for the costs of these changes upon written approval from Burros Fries. Franchisees cannot establish or use any website or promotion over the Internet without prior written approval from Burros Fries and must comply with their requirements for online advertising and information dissemination.
Burros Fries retains ownership of all copyright and intellectual property rights to the web page and the contents of the corporate website. This ownership extends even to customizations made by the franchisee, which are considered "works for hire." If a court determines that the customizations are not works for hire, the franchisee must assign all copyright and intellectual property rights to Burros Fries.
Furthermore, the Internet is a distribution channel reserved exclusively for Burros Fries. Franchisees cannot independently market on the Internet or conduct e-commerce without written consent. Burros Fries also reserves the right to acquire or establish websites using domain names similar to "Burros & Fries" or other words describing the business, as determined by them.