Is Deer Solution liable for claims by the software manufacturer related to the Business Management System?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
isor determines in Franchisor's Reasonable Business Judgment. At all times, Franchisor shall possess direct live access and storage based access to the Business Management System for the Franchised Business and to Franchisee's Business Management System Data.
- "Business Management System Data" refers to and means the forms, data, tools, customer information, inventory and sales information that: (a) is pre-populated or entered into the Business Management System utilized by Franchisee; (b) is entered (whether by Franchisor or Franchisee) into the Business Management System utilized by Franchisee; and/or (c) is recorded, stored and/or maintained by the Business Management System in connection with the management and operations of the Franchised Business.
- "Captive Market" refers to and means any and all facilities, venues, and/or institutions with captive audiences or consumers, workers, members and/or participants.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
Based on the 2025 Deer Solution Franchise Disclosure Document, it is not explicitly stated whether Deer Solution is liable for claims made by the software manufacturer related to the Business Management System. However, the FDD does define the Business Management System and Deer Solution's access to it. The Business Management System refers to the software, internet, cloud-based systems, point of sale systems, and customer relationship management systems used in the Deer Solution Business operations. Deer Solution retains the right to modify and designate alternative Business Management Systems based on their reasonable business judgment.
Deer Solution also has direct live access and storage-based access to the Business Management System for the Franchised Business and the franchisee's Business Management System Data. This data includes forms, customer information, inventory, and sales information entered into the system. The FDD also defines 'Business Management System Data' as the forms, data, tools, customer information, inventory and sales information that: (a) is pre-populated or entered into the Business Management System utilized by Franchisee; (b) is entered (whether by Franchisor or Franchisee) into the Business Management System utilized by Franchisee; and/or (c) is recorded, stored and/or maintained by the Business Management System in connection with the management and operations of the Franchised Business.
Because the FDD does not specify liability for claims related to the Business Management System, prospective franchisees should seek clarification from Deer Solution regarding liability for any claims by the software manufacturer related to the Business Management System. This inquiry should cover who is responsible for ensuring the system's compliance with applicable laws and regulations, and who bears the costs associated with defending against any claims of infringement or non-compliance.