What is the Eos Worldwide franchisee's obligation regarding providing copies of translations of the Materials to the franchisor?
Eos_Worldwide Franchise · 2025 FDDAnswer from 2025 FDD Document
9.2 Translations and Derivative Materials.
- (a) You acknowledge that we own the worldwide copyright and all intellectual property rights and other ownership rights to the Operations Manual, and all components of the EOS System that are media subject to copyright or other intellectual property rights (referred to above as the "Materials"). You further acknowledge and agree that you may only make translations, copies, or adaptations of or modifications to the Materials upon receiving our prior written consent, which may be withheld in our sole discretion and subject to additional terms and conditions, or to the extent that you have non-excludable rights to do so under applicable laws. You are solely responsible in determining whether local applicable law requires the translation of any Materials into the local language before use.
- (b) You will provide us with a copy of any translations of the Materials promptly, and you may not use any such translations without our prior written approval. You will bear the cost of such translations and will hold confidential all such translations to the same extent as the EOS original materials. We may require that you use our Approved Suppliers to translate any materials.
- (c) You acknowledge that as between you and us, we (or our affiliates) will own the copyright and all other rights to translations, modifications, or adaptations of or to the Materials (whether or not made in violation of this Agreement). Without limiting the generality of Section 9.1 above, you hereby assign to us and our affiliates, as applicable, all copyright and economic rights and waive any moral rights and similar rights with respect to the copyright in the translated, modified or adapted Materials, and agree to execute any and all instruments and documents, render such assistance and do such acts and things as may, in the opinion of our counsel, be necessary or advisable in furtherance of such assignment and waiver, and you will require the same assignment, waiver and covenant in favor of us and our affiliates by your Personnel and by any independent contractors or other third parties who translate, modify or adapt the Materials.
- (d) You agree to use proper copyright and other proprietary notices in connection with all Materials or translations, modifications, or adaptations of the Materials and conform to our standards for protecting our and our affiliates' rights.
Source: Item 23 — RECEIPTS (FDD pages 74–246)
What This Means (2025 FDD)
According to the 2025 Eos Worldwide Franchise Disclosure Document, if a franchisee translates any of the Materials, they must provide Eos Worldwide with a copy promptly. The franchisee is not allowed to use any translations without first obtaining written approval from Eos Worldwide. The franchisee is responsible for covering the costs of any translations. All translations must be kept confidential to the same extent as the original Eos Worldwide materials. Eos Worldwide may also require franchisees to use their Approved Suppliers for any translations.
Eos Worldwide retains ownership of all copyrights and intellectual property rights related to any translations, modifications, or adaptations of the Materials, regardless of whether they were made in accordance with the agreement. The franchisee must assign all copyright and economic rights to Eos Worldwide and waive any moral rights regarding the translated, modified, or adapted Materials. This requirement extends to the franchisee's personnel and any independent contractors involved in the translation process.
Franchisees must also include appropriate copyright and proprietary notices on all Materials, translations, modifications, or adaptations, adhering to Eos Worldwide's standards for protecting their rights and those of their affiliates. This ensures that Eos Worldwide maintains control over its intellectual property and can enforce its rights globally.
These stipulations are in place to protect Eos Worldwide's intellectual property and maintain consistency across its franchise system. By requiring franchisees to provide copies of translations and obtaining approval before use, Eos Worldwide can ensure that the translated materials accurately reflect the original content and meet their quality standards. This also allows Eos Worldwide to maintain control over its brand and messaging in different languages and markets.