What does 'Works' refer to in the context of the Engineering For Kids franchise agreement?
Engineering_For_Kids Franchise · 2025 FDDAnswer from 2025 FDD Document
10.6. Our Ownership and Your Right to Use the Works
"Works" means the Programs, Proprietary Materials and all other existing and future materials developed for use in connection with the Engineering For Kids System, regardless of who created the materials or the language or media in which they appear. You acknowledge that we are the sole owner of any and all copyrights in the Works and all rights, benefits, and goodwill derived therefrom. Your right to use the Works applies to the Franchised Business operated in your Territory during the term of this Agreement as expressly provided in this Agreement. You will not, during or after the term of this Agreement: (a) dispute our ownership of the copyrights in the Works; (b) challenge the validity of any copyrights in the Works; or (c) do anything by itself or aid, abet or assist others to perform acts which would infringe on the copyrights in the Works. At our request, you will deliver all Works created or developed by you or your employees and agents to us in a mutually-agreed electronic format.
Source: Item 23 — RECEIPTS (FDD pages 53–138)
What This Means (2025 FDD)
According to Engineering For Kids' 2025 Franchise Disclosure Document, "Works" refers to the Programs, Proprietary Materials, and all other existing and future materials developed for use in connection with the Engineering For Kids System. This definition encompasses all materials, regardless of who created them or the format in which they appear. Engineering For Kids retains sole ownership of all copyrights related to the Works, including all rights, benefits, and goodwill derived from them.
As an Engineering For Kids franchisee, your right to use the Works is limited to the operation of the Franchised Business within your designated Territory during the term of the Franchise Agreement. The agreement explicitly prohibits franchisees from disputing Engineering For Kids' ownership of the copyrights, challenging the validity of the copyrights, or assisting others in infringing upon these copyrights.
Furthermore, upon Engineering For Kids' request, franchisees must deliver all Works created or developed by them, their employees, or agents in a mutually agreed-upon electronic format. This ensures that Engineering For Kids maintains control and ownership over all materials associated with the brand and system. This clause protects the intellectual property of Engineering For Kids and ensures consistency across all franchise locations.