Does Carls have a Social Media policy that franchisees must comply with?
Carls Franchise · 2024 FDDAnswer from 2024 FDD Document
You may not use our Proprietary Marks in any Internet domain name or e-mail address, in the operation of any Internet web site or on a social media platform including any social networking site, Facebook, Twitter, Instagram, Pinterest, YouTube, Snapchat, Vine, blogs, podcasts and wikis or other future social media platforms and/or technological avenues (collectively, "Social Media"; not an exclusive list and term applies to any social networking website, mobile application, blog or microblog, public and private message boards, comment sections, etc.) without our prior written consent. We may grant or withhold our consent in our sole discretion and may condition our consent on such requirements as we deem appropriate, including, among other things, that you obtain our written approval of: (A) any and all Internet domain names and home page addresses related to the Franchised Restaurant; (B) the proposed form and content of any web site related to the Franchised Restaurant; (C) your use of any hyperlinks or other links; (D) your use of any materials (including text, video clips, photographs, images and sound bites) in which any third party has an ownership interest; and (E) any proposed modification of your web site. We may designate the form and content of your web site and/or require that any such web site be hosted by us or a third party whom we designate, using one or more web sites that we own and/or control. We may charge you a fee for developing, reviewing and approving your web site and/or for hosting the web site. We have established a Social Media policy for all franchisees, and you must comply with the policy, as modified from time to time, and any additional policies that we issue. Any copyright in your sites or pages on any Social Media are owned by us, and you must sign any documents that we reasonably deem necessary to affirm our ownership of the copyright.
Source: Item 13 — TRADEMARKS (FDD pages 56–58)
What This Means (2024 FDD)
According to Carls's 2024 Franchise Disclosure Document, franchisees must adhere to Carls's Social Media policy, which may be modified from time to time, along with any additional policies issued by Carls. Franchisees are restricted from using Carls's Proprietary Marks in any Internet domain name or e-mail address, in the operation of any Internet web site or on a social media platform without prior written consent from Carls. This includes social networking sites like Facebook, Twitter, Instagram, Pinterest, YouTube, Snapchat, Vine, blogs, podcasts, wikis, and other future social media platforms.
Carls retains the right to grant or withhold consent for the use of their Proprietary Marks on social media and may impose conditions. These conditions may include requiring written approval for Internet domain names, home page addresses related to the Franchised Restaurant, the proposed form and content of any website, the use of hyperlinks or other links, the use of materials in which any third party has an ownership interest, and any proposed modification of the website. Carls may also designate the form and content of the franchisee's website or require that the website be hosted by Carls or a designated third party, potentially charging a fee for developing, reviewing, approving, or hosting the website.
Furthermore, Carls retains ownership of any copyright in the franchisee's sites or pages on any Social Media, and franchisees must sign documents to affirm Carls's ownership of the copyright. This comprehensive control over social media usage and content reflects Carls's interest in maintaining brand consistency and protecting its Proprietary Marks across all online platforms. Prospective franchisees should carefully review the Social Media policy and understand the restrictions and requirements before entering into a franchise agreement with Carls.