Is an Azal Coffee franchisee allowed to solicit business through social media?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
For purposes of this Agreement, "Electronic Media" means the Internet, email, websites, mobile applications, social networks, wikis, podcasts, online forums, content sharing communities, blogging, other social media accounts or participations (including Facebook, Twitter, LinkedIn, YouTube, Pinterest, and Instagram), mobile technology, and other digital media, digital coupons, keyword or adword purchasing programs, search engine optimization, search engine marketing, and marketing using other forms of digital media, used in connection with the operation, advertising, and marketing of the Franchise Business.
Franchisee assigns all Electronic Media to Franchisor or its successor or assign.
We have the right to set advertising policies and procedures that you must follow. These advertising policies and procedures may include required promotions, limiting marketing to a certain area so that you are not directing marketing to another franchisee's area, and limiting the type of marketing that you may use.
All advertising by you in any medium, including signage, must be factual and dignified, must conform to our standards and specifications, and to the highest standards of ethical advertising practice, and must be approved by us in writing before it is used. You must submit to us for approval all marketing and promotion materials, including signage, prepared by you for the Franchise Business and not prepared by or previously approved by us. These materials must be submitted at least thirty (30) days before use. If we do not approve advertising submitted to us in writing within the thirty (30) day period, the advertising shall be deemed disapproved. We have the right to disapprove the use of any advertising materials by you at any time. You must discontinue the use of advertising materials immediately on receipt of our written notice, even if we previously approved the use of advertising materials. You must not use any advertising materials not approved by us. You agree to refrain from any business or advertising that may be injurious to our business, or the goodwill associated with the Franchise Marks and Franchise Systems and other Stores.
If specified by us, all of your advertising must contain notices of: (a) our website domain name or other Digital Marketing specified by us; (b) our toll-free telephone number; and/or (c) a statement regarding the availability of Azal Coffee franchises. To the extent possible, you must include the following language in all advertising: "Each Azal Coffee is independently owned and operated." All materials containing our proprietary Marks must include the designation service mark SM, trademark TM, registered trademark ®, copyright ©, or any other designation we specify.
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD page 42)
What This Means (2024 FDD)
According to the 2024 Azal Coffee Franchise Disclosure Document, franchisees are permitted to use social media for advertising and marketing their franchise business. However, Azal Coffee maintains control over the franchisee's electronic media presence. Specifically, the franchisee must assign all electronic media, including social media accounts, to Azal Coffee. This means that while franchisees can engage in social media marketing, the accounts and content are ultimately under the franchisor's control.
"Electronic Media" is defined broadly to include various online platforms such as the Internet, email, websites, mobile applications, social networks (including Facebook, Twitter, LinkedIn, YouTube, Pinterest, and Instagram), and other digital media. This comprehensive definition ensures that all forms of online communication and marketing efforts are covered under the agreement. Azal Coffee also has the right to set advertising policies and procedures that franchisees must follow, including the type of marketing used.
Before using any marketing or promotion materials, including signage, franchisees must submit them to Azal Coffee for approval at least 30 days before use. If Azal Coffee does not approve the advertising in writing within this period, it is deemed disapproved. Azal Coffee retains the right to disapprove any advertising materials at any time and requires franchisees to discontinue using disapproved materials immediately upon written notice. All advertising must be factual, dignified, and conform to Azal Coffee's standards and specifications.
Azal Coffee may also require franchisees to include specific information in their advertising, such as the company's website domain name, toll-free telephone number, or a statement regarding the availability of Azal Coffee franchises. Franchisees are also required to include the phrase "Each Azal Coffee is independently owned and operated" in all advertising to the extent possible. All materials containing Azal Coffee's proprietary marks must include the appropriate designation (SM, TM, ®, or ©).