Does the Assignment grant the Casiola franchisee unlimited rights to the Digital Media?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
3.G. DIGITAL MEDIA, SYSTEM WEBSITE AND TELEPHONE NUMBERS
As between Franchisor and Franchisee, Franchisor is the absolute owner of the Digital Media. Franchisee shall not utilize, access or open accounts regarding or related to Digital Media unless expressly approved by Franchisor in writing which approval Franchisor may withhold, condition, limit, modify, or withdraw as determined by Franchisor in Franchisor's Reasonable Business Judgment and which approval, if given, shall be limited to the marketing and promotion of the Franchised Business in accordance with Franchisor's standards and specifications. Upon expiration or termination of this Agreement for any reason, all prior authorizations respecting Franchisee's right to use the Digital Media and/or otherwise as to any rights of Franchisee in or to the Digital Media shall be automatically terminate and, at Franchisor's election, the right to any and all accounts and/or sites (if any) associated with Digital Media utilized by Franchisee shall be transferred by Franchisee to Franchisor. Franchisee shall not utilize the Digital Media for purposes of or with the effect of libeling or disparaging another party and Franchisee shall not violate any copyrights or the legal rights of any other party or person. Franchisee is exclusively responsible for disparagement, libel and/or copyright or intellectual property infringement as to all information, data, materials, and Published Content issued, posted, and/or made available by Franchisee.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, the Assignment of Telephone Numbers and Digital Media Accounts does not grant franchisees unlimited rights to the Digital Media. The term "Digital Media" is defined broadly to include any interactive or static digital document, listing, directory, application, advertisement, link, metadata, or media transmitted within a network or connected to the internet, including websites, online travel agencies, applications, databases, and social media platforms like Facebook, LinkedIn, Twitter, and YouTube. This media must refer to or relate in any way to a Casiola Business.
Casiola retains absolute ownership of the Digital Media. Franchisees are not allowed to use, access, or open accounts related to Digital Media without express written approval from Casiola, which can be withheld, conditioned, limited, modified, or withdrawn at Casiola's discretion. Any approval granted is limited to marketing and promotion of the franchised business according to Casiola's standards. Upon expiration or termination of the Franchise Agreement, all authorizations for the franchisee's use of Digital Media automatically terminate, and Casiola can elect to have all accounts and sites associated with the Digital Media transferred to them.
The franchisee is responsible for ensuring that their use of Digital Media does not libel or disparage others, or violate any copyrights or legal rights. The franchisee is solely responsible for any disparagement, libel, or copyright infringement in their published content. Casiola also has the right to use the franchisee's name, address, photograph, and biographical information in any publication related to the Casiola system, including those related to franchise sales, without compensating the franchisee.
Furthermore, Casiola may approve Digital Media and Published Content, which then becomes owned by Casiola at their discretion. Casiola retains exclusive property rights to any and all interest in the Digital Media and Published Content both during and after the term of the agreement. The System Website, along with all improvements and modifications, remains the exclusive property of Casiola. All rights to telephone numbers associated with the franchised business can also be transferred to Casiola at their election.