Must a Cool Binz franchisee use the copyrighted items only while operating their Cool Binz Business?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
We do not own any registered copyrights which are material to the franchise; however, we claim copyrights in the Operations Manuals, System Standards, advertising materials, COOL BINZ Software, business forms, videos, CDs and other printed and advertising material used in operating the System. We have not registered these copyrights with the United States Registrar of Copyrights. You must use these items only in the way we specify and only while operating your COOL BINZ Business. You do not have any rights, including rights to compensation, under the Franchise Agreement if we require you to modify or discontinue using the subject matter covered by any patent or copyright.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 50–52)
What This Means (2025 FDD)
According to the 2025 Cool Binz Franchise Disclosure Document, Cool Binz franchisees are required to use copyrighted items only in the manner specified by Cool Binz and only while operating their Cool Binz business. These copyrighted items include Operations Manuals, System Standards, advertising materials, COOL BINZ Software, business forms, videos, CDs and other printed and advertising material used in operating the System. Cool Binz claims copyrights to these items, although they have not been registered with the United States Registrar of Copyrights.
This means that a franchisee's use of these materials is restricted to activities directly related to running the Cool Binz franchise. They cannot use these materials for any other business ventures or purposes without explicit authorization from Cool Binz. Furthermore, Cool Binz retains the right to require franchisees to modify or discontinue using any material covered by a patent or copyright, without any obligation to provide compensation to the franchisee.
Cool Binz also owns all customer lists provided to the franchisee and those developed during the business operation. Franchisees must maintain an up-to-date list of all current and former customers in the COOL BINZ Software, including their name, telephone number, complete mailing address, frequency of service, last date serviced, and price of service ("Customer Information").
These stipulations are typical in franchising, as franchisors need to protect their brand identity and operational methods. Prospective Cool Binz franchisees should understand that they are granted a limited license to use these copyrighted materials and must adhere to Cool Binz's guidelines to maintain compliance with the franchise agreement.