What is the Eos Worldwide franchisee's obligation regarding copyright and proprietary notices in connection with all Materials or translations, modifications, or adaptations of the Materials?

According to the 2025 FDD, Eos Worldwide franchisees must use proper copyright and other proprietary notices on all Materials, translations, modifications, or adaptations of the Materials. They must also adhere to Eos Worldwide's standards for protecting its and its affiliates' rights. This obligation ensures that Eos Worldwide's intellectual property is consistently protected across all franchise locations and materials.

This requirement is important because Eos Worldwide owns the worldwide copyright and all intellectual property rights to the Operations Manual and components of the EOS System. Franchisees can only make translations, copies, adaptations, or modifications to the Materials with prior written consent from Eos Worldwide, unless they have non-excludable rights to do so under applicable laws. Franchisees are responsible for determining if local law requires translation of any Materials before use.

Furthermore, franchisees must provide Eos Worldwide with a copy of any translations promptly and cannot use them without prior written approval. The franchisee bears the cost of these translations and must keep them confidential, similar to the original EOS materials. Eos Worldwide may also require franchisees to use approved suppliers for translations. All copyrights and rights to translations, modifications, or adaptations of the Materials are owned by Eos Worldwide or its affiliates, regardless of whether they were made in violation of the agreement. Franchisees must assign all copyright and economic rights to Eos Worldwide and ensure their personnel and any third parties involved in translating or modifying the Materials do the same.

In practical terms, this means that an Eos Worldwide franchisee needs to be diligent in ensuring that all materials used in their franchise operation, including any translations or modifications, display the correct copyright and proprietary notices as specified by Eos Worldwide. Failure to comply with these requirements could lead to legal issues and potential breaches of the franchise agreement.