Upon termination of my C3 Wellness Spa franchise, what digital media access must I discontinue?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
- (5) Permanently cease accessing, immediately disconnect from, and discontinue using any and all digital media, intra-nets, cloud based systems, and/or servers that store, maintain, and/or provide access to the Operations Manual, Confidential Information, and all other standards, specifications of Franchisor;
"Digital Media" refers to and means any interactive or static electronic document, application or media including, but not limited to, www.C3WellnessFranchise.com, social media platforms and applications such as Facebook, LinkedIn, Twitter, Pinterest, Instagram, SnapChat, YouTube, and world wide web and internet based directories and local directories that refers, references, identifies, reviews, promotes and/or relates, in any way, to the C3 Wellness Business or other C3 Wellness Business.
Franchisee agrees that the significance of Digital Media to the System and necessity for Franchisor's control over Digital Media. As between Franchisor and Franchisee, Franchisor is the absolute owner of the Digital Media. Franchisee shall not use, access or open accounts regarding or related to Digital Media unless expressly approved by Franchisor in writing which approval Franchisor may withhold, condition or limit as determined by Franchisor in Franchisor's Reasonable Business Judgment and which approval, if given, shall be limited to the marketing and promotion of the Franchised Business in accordance with Franchisor's standards and specifications. Upon expiration or termination of this Agreement for any reason, any prior authorization by Franchisor as to Franchisee's right to utilize the Digital Media and/or otherwise as to any rights of Franchisee in or to the Digital Media shall be automatically terminate and, at Franchisor's election, the right to any and all accounts and/or sites (if any) associated with Digital Media used by Franchisee shall be transferred to Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
According to C3 Wellness Spa's 2024 Franchise Disclosure Document, upon termination of the franchise agreement, a franchisee must permanently cease accessing and discontinue using any and all digital media, intra-nets, cloud-based systems, and/or servers that store, maintain, and/or provide access to the Operations Manual, Confidential Information, and all other standards and specifications of C3 Wellness Spa. This includes digital media such as www.C3WellnessFranchise.com, social media platforms like Facebook, LinkedIn, Twitter, Pinterest, Instagram, SnapChat, and YouTube, as well as world wide web and internet-based directories and local directories that refer to the C3 Wellness Spa business.
C3 Wellness Spa emphasizes the significance of digital media to its system and maintains absolute ownership over it. Franchisees are only allowed to use, access, or open accounts related to digital media if expressly approved by C3 Wellness Spa in writing, which can be withheld, conditioned, or limited at their discretion. Any prior authorization granted to a franchisee regarding the use of digital media automatically terminates upon the expiration or termination of the agreement. At C3 Wellness Spa's election, the rights to any accounts or sites associated with the digital media used by the franchisee will be transferred to the franchisor.
This means that as a franchisee, you will lose all rights to use any digital platforms associated with the brand upon termination. This includes the website, social media accounts, and any other online presence related to the franchise. It is important to understand that C3 Wellness Spa maintains control over its digital presence and ensures consistent branding and messaging across all franchise locations. Franchisees should be prepared to transition all digital assets back to the franchisor upon termination of the agreement.