Is the Belocal franchisee allowed to directly or indirectly create an online presence without the franchisor's consent?
Belocal Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall not, directly or indirectly and without Franchisor's consent, which Franchisor is not obligated to provide, establish or operate an Online Presence that in any way concerns, discusses or alludes to the Franchisor, the Marks, the System, the Publication, any N2 publication, or the Franchised Business.
If Franchisee has received Franchisor's consent to create or operate an Online Presence, Franchisee must comply with the terms of Franchisor's policies.
Franchisor may revoke, in Franchisor's sole discretion, any approval for Franchisee to create or use an Online Presence.
Franchisee shall not post, and shall take such steps as necessary to ensure that its Independent Staff do not post, to any Online Presence any information relating to the Franchisor, Franchisor's affiliates, the System, the Marks, or the Franchised Business that, (i) is derogatory, disparaging, or critical of the Franchisor, the System or the Marks; (ii) is offensive, inflammatory or indecent; (iii) infringes upon the intellectual property rights of Franchisor, Franchisor's affiliates, or third parties; or (iv) harms the goodwill and/or public image of the System and/or the Marks.
Franchisor alone shall be, and at all times shall remain, the sole owner of the copyrights to all material which appears on any Online Presence, including any and all material Franchisee may furnish to Franchisor for use on an Online Presence.
However, Franchisor is not obligated to monitor or control the content of any of Franchisee's Online Presences.
For any Online Presence and identifiers related to any Online Presence Franchisee is permitted to create or use, Franchisor reserves the right, at its sole option and discretion, to have the Online Presence directly owned or controlled by Franchisor or to require any such Online Presence be transferred to Franchisor upon the termination, expiration, or transfer of this Agreement for any reason.
Upon request, Franchisee must provide Franchisor with any login credentials for any Online Presence Franchisee is authorized to create, use, or maintain.
Source: Item 22 — CONTRACTS (FDD page 71)
What This Means (2025 FDD)
According to Belocal's 2025 Franchise Disclosure Document, franchisees are prohibited from directly or indirectly establishing or operating any online presence that concerns Belocal, its marks, the system, or the franchised business without obtaining prior consent from Belocal. This consent is not guaranteed, as Belocal is not obligated to provide it. This policy ensures that Belocal maintains control over its brand image and online representation. An 'Online Presence' includes websites, social media profiles, e-commerce sites, digital advertising, mobile applications, and any other type of online tool.
If a Belocal franchisee receives consent to create an online presence, they must adhere to Belocal's policies. Belocal retains the right to revoke any approval for a franchisee's online presence at its discretion. Franchisees are also prohibited from posting derogatory, offensive, or infringing content related to Belocal or its system. This aims to protect Belocal's reputation and intellectual property.
Belocal maintains ownership of all copyrighted material on any online presence, even content furnished by the franchisee. While Belocal is not obligated to monitor the content of franchisee's online presences, it reserves the right to directly own or control any online presence or require its transfer upon termination or transfer of the franchise agreement. Franchisees must provide Belocal with login credentials for any authorized online presence upon request. This level of control is common in franchising to ensure brand consistency and protect the franchisor's intellectual property.
These stipulations in the franchise agreement are designed to protect the Belocal brand and ensure a consistent message across all online platforms. For a prospective franchisee, this means that any plans for online marketing or presence must be carefully vetted and approved by Belocal, and the franchisee must be prepared to relinquish control of these assets if the franchise agreement ends.