Who is responsible for web page content revision for Burros Fries franchisees?
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, Burros Fries, its affiliates, and/or approved vendors are responsible for performing maintenance, changes, edits, or updates to the franchisee's web page. While franchisees can customize parts of their web page, the overall look must remain consistent with the Operations Manual.
If a franchisee wants to make changes to their web page, they must submit a written request for approval. If Burros Fries approves the request, the franchisee is responsible for covering the costs associated with these changes. This means that while franchisees have some limited control over the content of their web pages, they do not have the authority to make changes independently.
Burros Fries retains ownership of all copyright and intellectual property rights to the web page and the content of the corporate website. This control ensures brand consistency and allows Burros Fries to maintain quality control over online content. Franchisees are also prohibited from establishing their own websites or engaging in online promotion without prior written approval from Burros Fries, further emphasizing the franchisor's control over the brand's online presence.