Can Face Foundrie require a franchisee to upgrade their computer system and software?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
9.04 Computer System and Required Software. The following terms and conditions shall apply with respect to the Computer System and Required Software:
(a) Franchisor shall have the right to specify or require that certain brands, types, makes, and/or models of communications, computer systems, and hardware to be used by, between, or among Face Foundrié Facial Bars, including without limitation: (i) computerized data processing systems, data, audio, video, and voice storage, retrieval, and transmission systems for use at Face Foundrié Facial Bars, between or among Face Foundrié Facial Bars, and between and among the System and Franchisor and/or Franchisee; (ii) credit card, debit card, and other non-cash payment systems, and related hardware; (iii) physical, electronic, and other security systems; (iv) tablets, printers and other peripheral devices; (v) archival back-up systems; and (vi) internet access mode and speed (collectively, the "Computer System").
(b) Franchisor shall have the right, but not the obligation, to develop or have developed for it, or to designate: (i) computer software programs and accounting system software that Franchisee must use in connection with the Computer System, and established digital applications, and any successor technology or replacement thereto ("Required Software"), which Franchisee shall install; (ii) updates, supplements, modifications, or enhancements to the Required Software, which Franchisee shall install; (iii) the tangible media upon which such Franchisee shall record data; and (iv) the database file structure of Franchisee's Computer System.
(c) Franchisee shall make, from time to time, such upgrades and other changes to the Computer System and Required Software as Franchisor may request in writing, and Franchisor may periodically require Franchisee, at its expense, to upgrade or update the Computer System and Required Software to remain in compliance with the standards, specifications and requirements required by Franchisor (collectively, "Computer Upgrades").
(d) Franchisee shall comply with all standards, specifications and requirements issued by Franchisor with respect to the Computer System and the Required Software, and with respect to Computer Upgrades.
Franchisee shall also afford Franchisor unimpeded access to Franchisee's Computer System and Required Software as Franchisor may request, in the manner and form, and at the times, requested by Franchisor.
- (e) Franchisor may require Franchisee to pay Franchisor or its designated third party(ies) reasonable fees to support and upgrade the Computer System and Required Software.
Franchisee will be required to pay the costs for technology licensed for use in the Facial Bar and with respect to the Computer System and Required Software.
If Franchisor does not directly provide these services, Franchisee will be required to sign a separate agreement with Franchisor's designated provider of these services (which may be an Affiliate of Franchisor).
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, Face Foundrie has the right to require franchisees to make upgrades and changes to their computer systems and required software. These upgrades ensure compliance with Face Foundrie's standards and specifications. Face Foundrie may request these changes in writing. These changes are referred to as "Computer Upgrades."
Face Foundrie also has the right to specify the brands, types, makes, and models of communication, computer systems, and hardware used by Face Foundrie Facial Bars. This includes computerized data processing systems, credit card payment systems, security systems, tablets, printers, archival back-up systems, and internet access. Face Foundrie also has the right to develop or designate computer software programs and accounting system software that the franchisee must use, including updates, supplements, modifications, or enhancements.
Furthermore, Face Foundrie can require franchisees to pay reasonable fees to Face Foundrie or its designated third parties to support and upgrade the computer systems and required software. Franchisees are also responsible for the costs of technology licensed for use in the Facial Bar related to the computer system and software. If Face Foundrie does not directly provide these services, the franchisee will be required to sign a separate agreement with Face Foundrie's designated provider.