Does Cilantro Taco Grill require franchisees to consent to do business electronically?
Cilantro_Taco_Grill Franchise · 2024 FDDAnswer from 2024 FDD Document
shall utilize the electronic mail account provided by Franchisor. Franchisee shall promptly read and respond to all electronic mail related to the Franchised Business no less often than on a daily basis and shall accept and acknowledge receipt of all electronic mail sent by Franchisor. Franchisee shall not establish any website or other listing on the Internet except as provided and specifically permitted herein.
- 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.
12.3.8 Franchisee is solely responsible for maintaining the security and integrity of the computer and payment processing systems used in the Franchised Business and the customer and other data stored therein.
Franchisee, at Franchisee's sole cost and expense, shall implement all computer software, hardware, peripherals and Internet security procedures, including required updates or upgrades thereto, that are reasonably necessary to protect Franchisee's computer and payment processing systems and the data stored therein from viruses, malware, privacy breaches or other unauthorized access.
Source: Item 23 — RECEIPT (FDD pages 52–208)
What This Means (2024 FDD)
According to Cilantro Taco Grill's 2024 Franchise Disclosure Document, franchisees are required to conduct certain aspects of their business electronically. Specifically, the franchisee must use the electronic mail account provided by Cilantro Taco Grill and promptly respond to all emails related to the franchised business on a daily basis, acknowledging receipt of all emails sent by the franchisor. This indicates that electronic communication is a mandatory part of the franchise operations.
Furthermore, the document states that Cilantro Taco Grill has established a website to provide information about the system, and the franchisor has sole discretion and control over this website. While franchisees do not have ownership rights to the franchisor's website, Cilantro Taco Grill will include a listing of the franchisee's business location on its website. This listing is contingent upon the franchise agreement, and the franchisee will lose all rights to the listing upon expiration or termination of the agreement.
Additionally, franchisees are responsible for paying all fees and expenses for technology required by the agreement. This includes costs related to computer software, hardware, peripherals, audio equipment, digital menu displays, internet access, license fees, and help desk fees. Franchisees are also responsible for maintaining the security and integrity of their computer and payment processing systems, implementing necessary security procedures to protect against viruses, malware, and unauthorized access. These stipulations highlight the importance of technology and electronic systems in the operation of a Cilantro Taco Grill franchise.