Can the Hck Hot Chicken franchisor disable their website without liability to the franchisee?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor may disable or terminate such website(s), in whole or in part, without Franchisor having any liability to Franchisee.
- 7.14.1 Franchisor may establish and maintain an Intranet through which franchisees of Franchisor may communicate with each other, and through which Franchisor and Franchisee may communicate with each other and through which Franchisor may disseminate the HCK Hot Chicken Brand Standards Manual, updates thereto and other confidential information. Franchisor shall have discretion and control over all aspects of the Intranet, including the content and functionality thereof. Franchisor will have no obligation to maintain the Intranet indefinitely, and may dismantle it at any time without liability to Franchisee.
- 7.14.4 If Franchisee shall default under this Agreement or any other agreement with Franchisor or its Affiliate, Franchisor may, in addition to, and without limiting any other rights and remedies available to Franchisor, disable or terminate Franchisee's access to the Intranet without Franchisor having any liability to Franchisee, and in which case Franchisor shall only be required to provide Franchisee a paper copy of the HCK Hot Chicken Brand Standards Manual and any updates thereto, if none have been previously provided to Franchisee, unless not otherwise entitled to the HCK Hot Chicken Brand Standards Manual.
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 54)
What This Means (2025 FDD)
According to the 2025 Hck Hot Chicken Franchise Disclosure Document, the franchisor has the right to disable or terminate their website without incurring any liability to the franchisee. This means that Hck Hot Chicken franchisees cannot hold the franchisor responsible for any losses or damages resulting from the website's termination. The franchisor also retains full ownership and control over the domain name, URL, computer code, and all intellectual property rights associated with the website.
Additionally, Hck Hot Chicken may establish and maintain an Intranet for communication with franchisees and dissemination of the HCK Hot Chicken Brand Standards Manual. The franchisor has discretion and control over all aspects of the Intranet and can dismantle it at any time without liability to the franchisee. However, if a franchisee defaults under the agreement, Hck Hot Chicken may disable or terminate the franchisee's access to the Intranet, only being required to provide a paper copy of the HCK Hot Chicken Brand Standards Manual if one hasn't been provided already.
This policy highlights the importance of understanding the franchisor's control over digital assets and communication channels. While franchisees may benefit from the website and Intranet, they should be aware that Hck Hot Chicken can modify or terminate these resources without recourse. Prospective franchisees should consider the potential impact of such changes on their business operations and communication with the franchisor and other franchisees.