If I create recipes or advertising materials for my Checkersrallys franchise, what am I required to do with them?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
ager, employee, consultant, representative, or agent for a Competitive Business, wherever located or operating;
- (c) divert or attempt to divert any actual or potential business or customer of any Restaurant to a Competitive Business; or
- (d) engage in any other activity which, in our sole opinion, might be injurious or prejudicial to the goodwill associated with the Marks or the System.
- 7.03 Information Exchange.You must promptly disclose to us all recipes, processes, ideas, concepts, advertising and promotional materials, website pages and content, methods, techniques or materials used or useful to a fast-food restaurant business, whether or not constituting protectable intellectual property, that you create, or that are created on your behalf or for your benefit by your Owners or employees, in connection with the development or operation of your Restaurant (collectively, the "Materials"). Any such Materials will be deemed our sole and exclusive property, part of the System, and works made-for-hire for us. To the extent that any one of the Materials does not qualify as a "work made-for-hire" for us (as such term is defined under Section 101 of the U.S.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 63–64)
What This Means (2025 FDD)
According to Checkersrallys's 2025 Franchise Disclosure Document, if you create any recipes, processes, ideas, concepts, advertising and promotional materials, website pages and content, methods, techniques or materials used or useful to a fast-food restaurant business, you must promptly disclose them to Checkersrallys. This applies whether these creations constitute protectable intellectual property or not. These items are collectively referred to as "Materials."
If Checkersrallys decides to adopt any of these "Materials" as part of their system or considers them proprietary, they will be deemed the sole and exclusive property of Checkersrallys and considered "Works-made-for-Hire." To the extent that the Materials may for any reason not be considered a Work-made-for-Hire, you irrevocably convey, grant, transfer and assign to Checkersrallys all right, title and interest which you may have now or in the future in and to the Materials. You must sign any documents Checkersrallys requests to evidence their ownership or to assist them in securing intellectual property rights in the Materials. You also warrant that you will obtain all rights from any third party acting on your behalf to comply with this requirement.
Additionally, you must submit samples of all advertising and promotional materials not prepared or previously approved by Checkersrallys, which vary from their standard materials, for their prior approval. You are not allowed to use any advertising or promotional materials that Checkersrallys has disapproved. This ensures that all advertising aligns with the brand's standards and image.