Does the Deer Solution franchise agreement grant the franchisee any ownership interest in the Digital Media?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges the significance of Digital Media to the System and necessity for Franchisor's control over Digital Media. As between Franchisor and Franchisee, Franchisor is the absolute owner of the Digital Media and nothing contained in this Agreement grants to Franchisee any ownership interest in or to the Digital Media. Franchisee shall not use, access or open accounts regarding or related to Digital Media unless expressly approved by Franchisor in writing which approval Franchisor may withhold, condition or limit as determined by Franchisor in Franchisor's Reasonable Business Judgment and which approval, if given, shall be limited to the marketing and promotion of the Franchised Business in accordance with Franchisor's standards and specifications. Upon expiration or termination of this Agreement for any reason, any prior authorization by Franchisor as to Franchisee's right to use the Digital Media and/or otherwise as to any rights of Franchisee in or to the Digital Media shall be automatically terminate and, at Franchisor's election, the right to any and all accounts and/or sites (if any) associated with Digital Media utilized by Franchisee shall be transferred to Franchisor. Under no circumstance shall Franchisee utilize the Digital Media for purposes of or with the effect of libeling or disparaging another nor shall Franchisee violate any copyrights – as to such actions as between Franchisee and any third party, Franchisee is exclusively
responsible for disparagement, libel and/or copyright infringement if Franchisee published and/or caused such content to be published.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, franchisees do not receive any ownership interest in the Digital Media used for the franchise. The FDD explicitly states that Deer Solution retains absolute ownership of all Digital Media.
The agreement specifies that franchisees cannot use, access, or open any accounts related to Digital Media without express written approval from Deer Solution. This approval can be withheld, conditioned, or limited at Deer Solution's discretion based on their reasonable business judgment. If approval is granted, it is solely for marketing and promoting the franchised business according to Deer Solution's standards.
Upon the expiration or termination of the franchise agreement, any prior authorization for the franchisee to use Digital Media is automatically terminated. Deer Solution has the right to transfer any accounts or sites associated with the Digital Media utilized by the franchisee to themselves. The franchisee is also responsible for any libel, disparagement, or copyright infringement resulting from content they publish.