Is an Annex Brands franchisee allowed to store discriminatory content on their website?
Annex_Brands Franchise · 2025 FDDAnswer from 2025 FDD Document
You cannot create, transmit, view, retrieve, maintain or store any electronic communication, data, file, image, graphics, video clip, audio clip, or software in or through your website or anywhere on the Internet in your capacity as a franchisee, whether it is intended in a serious manner or as a joke or satire or is otherwise not intended to be taken seriously, that is: (1) a virus, worm, "Trojan horse" or any other harmful, contaminating, destructive or disruptive element; (2) illegal or solicits the performance of any illegal activity, including but not limited to gambling, anti-competitive activities such as price fixing, boycotting of suppliers or allocating markets, any violation of the securities laws, or a chain letter or message relating to pyramid schemes; (3) discriminatory, such as referring in a negative manner to an individual's race, age, disability, religion, national origin, physical attributes or sexual preference; (4) profane, indecent, obscene, pornographic or otherwise containing sexual content or innuendo; offensive, harassing, sexually harassing, abusive, intimidating, threatening, derogatory, libelous, defamatory, rude, imprecating, hateful or inflammatory; (5) private or personal matters concerning any person without permission of the person; (6) a political message, charity request or petition for signatures; (7) a password, a credit card number, a social security number, a PIN or the scanned copy of anyone's signature; (8) a testimonial or name or picture of any person for the purpose of advertising or promotion without that person's written permission; or (9) inaccurate, derogatory, libelous or defamatory relating to our employees, proprietors, business associates, clients, business practices, procedures or policies or any other content contrary to our interests or disclosing our confidential, sensitive or proprietary information, including but not limited to the Manuals, business plans, customer lists, unpublished financial information and the like.
Source: Item 22 — Contracts (FDD pages 109–110)
What This Means (2025 FDD)
According to the 2025 FDD, Annex Brands franchisees are explicitly prohibited from storing discriminatory content on their websites. The franchise agreement outlines specific restrictions on the type of electronic communication, data, or content that franchisees can create, transmit, view, retrieve, maintain, or store on their websites or anywhere on the Internet in their capacity as a franchisee. This includes content that refers negatively to an individual's race, age, disability, religion, national origin, physical attributes, or sexual preference. This policy applies regardless of whether the content is intended as a serious statement, a joke, or satire.
This prohibition is part of a broader set of restrictions aimed at protecting the Annex Brands brand and ensuring compliance with legal and ethical standards. Franchisees are encouraged to report any messages or data of this nature to Annex Brands for investigation. This proactive approach underscores the franchisor's commitment to maintaining a respectful and inclusive environment and preventing any misuse of the brand's online presence.
For a prospective franchisee, this means they must carefully monitor all content on their website and any other online platforms they use in connection with their Annex Brands franchise. They are responsible for ensuring that their online activities do not violate these prohibitions. Failure to comply with these restrictions could result in penalties or termination of the franchise agreement. It is important for franchisees to understand and adhere to these guidelines to avoid any potential legal or reputational issues.
Annex Brands's control over online content extends to advertising space on the franchisee's web pages or website, which the franchisor owns. Annex Brands may include advertising or promotions of third-party websites they deem desirable, further emphasizing their control over the online environment. Franchisees should be aware that Annex Brands may modify the format or content of their web pages or website periodically without prior notice, intending to make changes required by law promptly.