May a separate agreement be required for an Apricot Lane franchisee's social media or digital presence?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
All advertising, marketing and promotional materials that FRANCHISEE develops for the Franchised Business must contain notices of the URL of the System Website in the manner that FRANCHISOR periodically designates. FRANCHISEE may not develop, maintain or authorize any other website, other online or digital presence or other electronic medium that mentions or describes the Franchised Business or displays any of the Marks without FRANCHISOR's prior written approval. FRANCHISEE (including any of your owners, signatories, guarantors or individuals who attended training or signed a confidentiality agreement) may not conduct commerce or directly or indirectly offer or sell any products or services using any website, another electronic means or medium, or otherwise over the Internet or in any other matter without express permission from the FRANCHISOR in writing. Any and all social media or digital presence that FRANCHISEE engages in must be pre-approved by FRANCHISOR in writing and must be in accordance with FRANCHISOR's standards that are specified from time to time. A separate agreement for these may be required.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to the 2025 Apricot Lane FDD, franchisees must obtain prior written approval from Apricot Lane for any social media or digital presence they engage in. These online activities must also adhere to Apricot Lane's standards, which are subject to change.
Apricot Lane retains significant control over a franchisee's online presence, requiring pre-approval for any social media or digital activity related to the franchised business. This includes ensuring that all online activities align with the brand's standards, which Apricot Lane can modify over time.
The FDD states that a separate agreement may be required for a franchisee's social media or digital presence. This implies that franchisees might need to enter into an additional contract with Apricot Lane to govern their online activities, potentially involving further obligations or fees.
For a prospective Apricot Lane franchisee, this means they should be prepared to seek approval for all social media and digital marketing efforts. They should also inquire about the potential for a separate agreement and any associated costs or obligations to fully understand the requirements for managing their online presence as an Apricot Lane franchisee.