Does a Circle K franchisee have the right to compensation for Circle K's use of photographs or videotapes of the store?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor will have the right to use all photographs and videotapes of the Store for such purposes as Franchisor deems appropriate, including, but not limited to, use in training, advertising, marketing, promotional materials, public relations, and/or litigation.
Franchisee will not be entitled to, and hereby expressly waives, any right that it may have to be compensated by Franchisor, its advertising agencies, or other Circle K franchisees for using photographs or videotapes in the manner described herein.
Source: Item 22 — CONTRACTS (FDD page 100)
What This Means (2025 FDD)
According to the 2025 Circle K Franchise Disclosure Document, a franchisee is not entitled to compensation for Circle K's use of photographs or videotapes of the store. Circle K retains the right to use these visuals for various purposes, including training, advertising, marketing, promotional materials, public relations, and even litigation.
This means that Circle K franchisees give up any potential claim to payment or royalties stemming from Circle K using images or videos of their store in company-wide or public-facing materials. This waiver extends not only to Circle K itself but also to its advertising agencies and other Circle K franchisees who might utilize such visuals.
For a prospective franchisee, this clause highlights the importance of understanding the scope of rights they are granting to Circle K. While the franchisee owns and operates the store, Circle K maintains control over its brand image and marketing. The franchisee should consider this lack of control over store imagery when evaluating the overall value and potential profitability of the franchise.
This type of clause is not uncommon in franchise agreements, as franchisors typically want to maintain consistent branding and marketing across all locations. However, franchisees should be aware of this provision and factor it into their financial projections, as they will not receive any direct compensation from Circle K's use of their store's image.