What are the potential consequences if an Annex Brands franchisee violates the Internet Policies & Procedures Agreement?
Annex_Brands Franchise · 2025 FDDAnswer from 2025 FDD Document
business goals. You will be notified of any changes that we make to our Internet Code of Conduct. You hereby covenant that you will comply in all respects with the Internet Code of Conduct.
- (a) No Infringing Materials. In your capacity as a franchisee, you agree that you are prohibited from creating, reproducing, distributing, transmitting, creating derivative works of, or publicly displaying or performing, any communication, data, file, image, graphics, video clip, audio clip or software in, through or on the Internet that might infringe upon or violate the property rights of others, including but not limited to any of the following types of property belonging to a person or entity other than us when such person or entity has not given his, her or its prior written consent or license: (1) any text, images, graphics, video clip, audio clip or software protected by copyright or patent law; (2) trade secrets or other confidential proprietary information; and (3) trademarks or service marks.
- (b) Email. You agree to use the method and format of email communications for your Center as determined by us, including but not limited to using your Center's brand domain name in the email address. We may, but are not required to, provide you with up to two email addresses per Center, currently included in your technology services fee, but we reserve the right to change this in the future. If additional email addresses are provided to you, you will be charged the then-current fee for those email addresses. You must use the email addresses we provide you for all aspects of the operation of your center, including but not limited to customer communications, print or digital marketing, advertising or promotions, on letterhead and business cards, etc. You may not establish or use your own email addresses without our prior written consent. The following policies apply to your electronic mail communication in your capacity as a franchisee:
- (1) Keep email messages brief and informal. Attach any lengthy text as a separate document.
- (2) Do not overload recipients with unwanted emails.
- (3) Whenever you send an email to a person other than us, indicate in your email (in the signature portion or elsewhere) that your Center is an independently owned and operated business, and that your views do not necessarily reflect our policies. You agree to use any standardized signature blocks in formats we determine, if required.
- (4) Check emails throughout the day, and respond to the emails in a timely manner.
- (1) Keep email messages brief and informal. Attach any lengthy text as a separate document.
- (5) Remember that you are a representative of the System and conduct yourself appropriately, in a way that increases the goodwill of the System, both for your benefit and for the benefit of all System franchisees.
- (6) Any email marketing/advertising, promotional, or campaign communications must be approved by us, and must conform to then-current policies, as specified in the Manuals, in writing or otherwise.
- (c) General Prohibitions. If you receive a message or data of the nature described below, you are encouraged to mail a copy of the message/data to us for proper investigation and disposition. 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;
Source: Item 22 — Contracts (FDD pages 109–110)
What This Means (2025 FDD)
Based on the 2025 FDD, Annex Brands franchisees must adhere to the Internet Code of Conduct. This includes refraining from using infringing materials online and adhering to specific email communication guidelines. Franchisees must use the email addresses provided by Annex Brands for all center operations, and they cannot establish their own email addresses without prior written consent. The FDD states that Annex Brands may modify the Internet Policies and Procedures Agreement.
While the FDD excerpts detail the franchisee's obligations under the Internet Policies & Procedures Agreement, they do not explicitly state the consequences of violating this agreement. The document outlines what franchisees must do regarding online conduct and email usage, but it does not specify what actions Annex Brands might take if a franchisee fails to comply.
A prospective Annex Brands franchisee should ask the franchisor for clarification on the specific penalties or repercussions for non-compliance with the Internet Policies & Procedures Agreement. Understanding the potential consequences is crucial for ensuring adherence to the agreement and avoiding potential disputes or penalties.