Is a Deka Lash franchisee required to execute software licenses?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
ur specifications, you will promptly modify, replace or add to your existing software, subscriptions, licenses, tablets, computer systems and equipment at your sole expense. You must lease, purchase, or otherwise acquire, from sources as we require and at your expense, software and hardware which strictly conform to our specifications. You will be responsible for the costs associated with and required to purchase systems for your Franchise Locations, including the Point-of-Sale system, electronic signing and other software subscriptions or licenses as we require. You will communicate with us, our franchises and customers using our established communication guidelines, systems and forms. You will not use or attempt to use the procedures or software for any purpose or party other than those associated with us, the System and your Franchise, or in any manner inconsistent with this Agreement. You will execute and be bound by all software licenses we require. We may change the computer hardware or software (including the point-of-sale software and facilities software) at any time and you are required to convert to the new system at your expense. We, in our sole discretion, may charge a license fee for some or all of the licenses we grant. We may be a reseller of the licenses and receive compensation for such. We keep and update the list of all licenses and any license fees in connection therewith in the Operations Manual. Our computer system requiremen
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to Deka Lash's 2024 Franchise Disclosure Document, franchisees are required to execute software licenses as mandated by the franchisor. The franchisee is responsible for purchasing systems for their franchise locations, including the Point-of-Sale (POS) system, electronic signing software, and other software subscriptions or licenses that Deka Lash requires. Franchisees must also adhere to Deka Lash's established communication guidelines, systems, and forms when interacting with the franchisor, other franchisees, and customers.
The FDD states that franchisees cannot use the software for purposes outside of those associated with Deka Lash, the System, and their franchise, or in any manner inconsistent with the Franchise Agreement. Deka Lash retains the right to change the computer hardware or software, including the POS and facilities software, at any time, and franchisees are required to convert to the new system at their own expense. Deka Lash may also charge a license fee for some or all of the licenses granted and may receive compensation as a reseller of these licenses.
The list of all licenses and any associated license fees are maintained and updated in the Deka Lash Operations Manual. The computer system requirements include access to the Internet, and franchisees must have anti-virus, firewall, and spyware programs, as well as Microsoft Office software. Failure to report cash or other payments through the POS account may result in a fine of $750 per occurrence and a declaration of default of the Franchise Agreement.
In summary, a Deka Lash franchisee must budget for ongoing software and technology expenses and remain compliant with the technology standards set by Deka Lash. This includes executing required software licenses, upgrading systems when mandated, and maintaining necessary software for security and communication. The potential for fines for non-compliance highlights the importance of adhering to these technology requirements.