Can Casiola modify the 'Bookings and Management System'?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
Article 14.E. of this Agreement.
- "Assignment of Telephone Numbers and Digital Media Accounts" means the form of "Assignment of Telephone Numbers and Digital Media Accounts" agreement attached to this Agreement as Exhibit 3.
- "Bookings and Management System" means individually, and collectively, the software, internet, web based and/or cloud based system or systems, point of sale system or systems, payment processing system, credit card processing system, property management system, booking platform, booking platform integrations, booking system, customer care management systems, online travel agency integrations, and customer relationship management system or systems as same may be individually or collectively designated by Franchisor, in Franchisor's Reasonable Business Judgment, as being required for use by the Franchised Business. At all times Franchisor may modify, amend, supplement, and/or discontinue the functionality and/or system or systems constituting all or a part of the Bookings and Management System. and as may be modified, supplemented, discontinued, as designated and determined by Franchisor, in Franchisor's Reasonable Business Judgment. At all times, Franchisor shall possess direct live access and storage based access to the Bookings and Management System for the Franchised Business and to Franchisee's Bookings and Management System Data.
- "Bookings and Management System Data" means the forms, data, tools, customer information and sales information that is pre-populated, entered, recorded, stored and/or maintained in the Bookings and Management System. As between Franchisor and Franchisee, Franchisor shall own all Bookings and Management System Data.
- "Brand Development Fund" shall have the meaning defined and set forth in Article 9.A. of this Agreement.
- "Brand Development Fund Fee" shall have the meaning defined and set forth in Article 9.A. of this Agreement.
- "Casiola Business(es)" means any business or businesses owned and/or operated by Franchisor, Franchisor's affiliates or an authorized franchisee that utilizes or is required to utilize the System and Licensed Marks.
- "Closed Market" means any and all Corporate Account customers that presently, or in the future, are located within Franchisee's Operating Market.
- "Commission Agreement" means the actual and/or form agreement designated and authorized by Franchisor for use by Franchisee in connection with, among other things, offering and providing the Approved Services and Products on behalf of property owner customers of the Franchised Business, the calculation and determination of Commission+ Fees and other charges, fees, and expenses, and other terms and conditions upon which the Approved Services and Products are provided. From time to time, Franchisor
may modify and amend the terms and conditions of the Commission Agreement in Franchisor's Reasonable Business Judgment.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, Casiola has the authority to modify the Bookings and Management System. The Bookings and Management System includes software, internet-based systems, point of sale systems, payment processing, property management, booking platforms, customer care management, and customer relationship management systems. Casiola can modify, amend, supplement, or discontinue the functionality of this system.
This means that Casiola franchisees must use the Bookings and Management System as designated by Casiola and must adapt to any changes, supplements, or discontinuations that Casiola implements. Casiola also has direct access to the franchisee's Bookings and Management System and the data within it. The franchisee is responsible for upgrading, replacing, and modifying the Bookings and Management System as requested by Casiola, following Casiola's written instructions.
Franchisees are prohibited from allowing any third party to access, use, or duplicate the Bookings and Management System or its data, except for employees of the franchised business conducting authorized operations. Franchisees must maintain the confidentiality and security of the Bookings and Management System and its data. Casiola is not liable for any damages, including lost profits or savings, related to the franchisee's use or inability to use the Bookings and Management System, even if Casiola has been advised of potential damages.
This level of control is typical in many franchise systems, where the franchisor seeks to maintain uniformity and quality across all locations. However, it also means that franchisees have limited control over the technology they use and must rely on Casiola to provide a functional and effective system. Prospective franchisees should carefully consider whether they are comfortable with this level of dependence on the franchisor.