Does the Casiola franchise agreement permit franchisees to establish Digital Media accounts?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
All Digital Media and/or Published Content, if permitted by Franchisor, must be approved by Franchisor prior to publication or use in any form. Digital Media and Published Content that is approved by Franchisor or that otherwise is acceptable to Franchisor as meeting Franchisor's standards shall, at Franchisor's discretion, be owned by Franchisor. As between Franchisor and Franchisee, any and all interest and right in or to the Digital Media and/or Published Content shall, at all times, be and is the exclusive property of Franchisor both during the Term of this Agreement and upon the expiration or termination of this Agreement. The System Website and all improvements and modifications made to the System Website, Digital Media, and Published Content is and shall be the exclusive property of Franchisor. During the Term of this Agreement and subject to Franchisee's compliance with this Agreement, the System Website shall include information related to the Franchised Business as shall be determined and designated by Franchisor in Franchisor's Reasonable Business Judgment. All rights in and to telephone numbers associated with the Franchised Business, shall, at Franchisor's election, be transferred to Franchisor.
Without limitation to the foregoing, Franchisee shall, upon the request of Franchisor, execute and deliver to Franchisor the Assignment of Telephone Numbers and Digital Media Accounts attached to this
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to the 2024 Casiola Franchise Disclosure Document, franchisees are not allowed to utilize, access, or open accounts related to Digital Media unless they receive express written approval from Casiola. Casiola retains the right to withhold, condition, limit, modify, or withdraw such approval based on its reasonable business judgment. If approval is granted, it is limited to marketing and promotion of the Franchised Business in accordance with Casiola's standards and specifications. Upon expiration or termination of the Franchise Agreement, any prior authorizations for the franchisee's use of Digital Media automatically terminate, and Casiola can elect to have the franchisee transfer any accounts or sites associated with Digital Media to Casiola.
Casiola maintains absolute ownership of the Digital Media. Franchisees are prohibited from using Digital Media to libel or disparage another party or violate copyrights or legal rights. The franchisee is solely responsible for any disparagement, libel, copyright, or intellectual property infringement related to information, data, materials, and published content they issue, post, or make available.
Furthermore, any Digital Media or Published Content, if permitted by Casiola, must be approved by Casiola before publication or use in any form. Digital Media and Published Content approved by Casiola or otherwise acceptable to Casiola as meeting its standards may be owned by Casiola at its discretion. As between Casiola and the franchisee, any interest and right in or to the Digital Media and/or Published Content is the exclusive property of Casiola both during and after the term of the agreement. All rights in telephone numbers associated with the Franchised Business can be transferred to Casiola at its election. Casiola may request the franchisee to execute and deliver the Assignment of Telephone Numbers and Digital Media Accounts agreement attached as Exhibit 3.