Does a Cilantro Taco Grill franchisee have any ownership rights to the Cilantro Taco Grill website?
Cilantro_Taco_Grill Franchise · 2024 FDDAnswer from 2024 FDD Document
- 12.3.6 Franchisor has established a website that provides information about the System and the products and services offered by the Cilantro Taco Grill System (the "Website").
Franchisor has sole discretion and control over the Website.
Franchisor shall include a listing on its Website with Franchisee's Franchised Business location.
Franchisee has no ownership or other proprietary rights to Franchisor's website and Franchisee will lose all rights to such listing of Franchisee's location upon expiration or termination of this Agreement for any reason.
- 12.3.7 Franchisee shall pay all fees, whether to Franchisor or to third party vendor(s), and expenses for technology required by this Agreement, including but not limited to, the costs of computer software, hardware and peripherals, audio equipment and music programs and/or playlists, installation costs and regularly recurring fees for software and digital menu displays, Internet access, license fees, help desk fees, and licensing or user-based fees.
Source: Item 23 — RECEIPT (FDD pages 52–208)
What This Means (2024 FDD)
According to the 2024 Cilantro Taco Grill Franchise Disclosure Document, franchisees do not have any ownership or proprietary rights to the Cilantro Taco Grill website. The franchisor maintains sole discretion and control over the website. However, Cilantro Taco Grill will include a listing on its website that features the franchisee's franchised business location. Upon expiration or termination of the Franchise Agreement, the franchisee will lose all rights to the listing of their location on the website.
This means that while franchisees benefit from being listed on the corporate Cilantro Taco Grill website to attract customers, they do not gain any equity or control over the site itself. The franchisor can modify or remove the website at its discretion, and the franchisee's presence is contingent upon maintaining an active franchise agreement. This is a common arrangement in franchising, where the franchisor seeks to maintain brand consistency and manage the online presence for all locations.
Furthermore, the franchisee is restricted from establishing any separate website or online listing unless specifically permitted by Cilantro Taco Grill. Franchisees are required to use the email account provided by the franchisor and promptly respond to communications. This level of control ensures that all online communications and branding efforts align with the franchisor's standards and strategies. Franchisees are also responsible for the costs associated with technology required by the agreement, including software, hardware, internet access, and related fees.