Who owns the Digital Media related to the Deer Solution franchise system?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
(c) All Digital Media, all Digital Media accounts, and all Digital Media log-in information.
The foregoing shall not be construed and/or interpreted as Assignees acknowledgment and/or agreement that Assignor owns and/or possesses any ownership interests in the foregoing telephone numbers, accounts and/or Digital Media. Any and all rights of Assignor in and to same exist subject to a limited license pursuant to the Deer Solution Business Franchise Agreement which shall take precedence and govern. However, this Assignment is intended by Assignor and Assignee to be an instrument that may be relied upon by all third parties to authorize and permit the assignments and transfers set forth in this Assignment and to facilitate the transfer of accounts and media to within the control of Assignee. Nothing contained in this Assignment shall be used to construe nor imply that Assignor possesses any ownership interests or rights in the Digital Media and in the event of any inconsistency or conflict between this Assignment and the Franchise Agreement, the Franchise Agreement shall take precedence and govern.
- This Assignment will become effective automatically upon the termination or expiration of the Franchise Agreement for any reason. As to all third parties proof of the expiration or termination of the Franchise Agreement shall exist exclusively upon the written declaration of Assignee and Assignee's declaration shall be dispositive and not subject to challenge. Assignor acknowledges that all third parties may rely on this Assignment for the purpose of taking any and all actions to ensure that access to and control of the Media is maintained by Assignee.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, the franchisor, referred to as 'Assignee' in the context of assignment agreements, maintains control over the Digital Media associated with the Deer Solution Business. While franchisees ('Assignor') may utilize Digital Media in their operations, this use is subject to a limited license granted by Deer Solution through the Franchise Agreement.
This means that although a franchisee might establish and operate digital accounts or media as part of their Deer Solution business, the ultimate ownership and control of these assets reside with Deer Solution. This is further reinforced by the stipulation that any rights of the franchisee to the Digital Media exist subject to the terms of the Franchise Agreement, which takes precedence in governing those rights.
Upon termination or expiration of the Franchise Agreement, control of the Digital Media automatically reverts to Deer Solution. Third parties are authorized to rely on documentation, especially a written declaration from Deer Solution, to ensure that access and control of the media are transferred back to Deer Solution. This arrangement is designed to protect Deer Solution's brand and system-wide marketing efforts, ensuring consistency and control over its digital presence.
For a prospective franchisee, this implies that the digital marketing assets they build during their franchise term do not become their personal property. Instead, these assets are part of the Deer Solution system, and their use is governed by the franchise agreement. This is a common practice in franchising, allowing the franchisor to maintain brand consistency and control over marketing efforts across all franchise locations.