Does the Crawlspace Medic agreement allow for electronic business transactions?
Crawlspace_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
| ACCOUNT AGREEMENT | | | | (the "Agreement") is made and entered into this day of | | (the "Effective Date") by and between CSM Franchise Group, LLC, a South | | | | | | Carolina | | | | limited liability company (the "Franchisor"), and, a | | (the "Franchisee"). | | | | |
WHEREAS, Franchisee desires to enter into a franchise agreement with Franchisor for a Crawlspace Medic business ("Franchise Agreement") which will allow Franchisee to conduct internet-based advertising, maintain social media accounts, and use telephone listings linked to the Crawlspace Medic brand.
WHEREAS, Franchisor would not enter into the Franchise Agreement without Franchisee's agreement to enter into, comply with, and be bound by all the terms and provisions of this Agreement;
NOW, THEREFORE, for and in consideration of the foregoing and the mutual promises and covenants contained herein, and in further consideration of the Franchise Agreement and the mutual promises and covenants contained therein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Definitions
All terms used but not otherwise defined in this Agreement shall have the meanings set forth in the Franchise Agreement. "Termination" of the Franchise Agreement shall include, but shall not be limited to, the voluntary termination, involuntary termination, or natural expiration thereof.
2. Internet Advertising and Telephone Accounts
- 2.1 Interest in Web Sites, Social Media Accounts and Other Electronic Listings. Franchisee may acquire (whether in accordance with or in violation of the Franchise Agreement) during the term of Franchise Agreement, certain right, title, or interest in and to certain domain names, social media accounts, hypertext markup language, uniform resource locator addresses, access to corresponding internet web sites, and the right to hyperlink to certain web sites and listings on various internet search engines (collectively, "Electronic Advertising") related to the Franchised Business or the Marks.
- 2.2 Interest in Telephone Numbers and Listings. Franchisee has or will acquire during the term of the Franchise Agreement, certain right, title, and interest in and to those certain telephone numbers and regular, classified, internet page, and other telephone directory listings (collectively, the "Telephone Listings") related to the Franchised Business or the Marks.
- 2.3 Transfer. On Termination of the Franchise Agreement, or on periodic request of Franchisor, Franchisee will immediately:
- 2.3.1 direct all internet service providers, domain name registries, internet search engines, social media companies, and other listing agencies (collectively, the "Internet Companies") with which Franchisee has Internet Web Sites, Social Media Accounts and other Listings: (i) to transfer all of Franchisee's Interest in such Internet Web Sites, Social Media Accounts and other Listings to Franchisor; and (ii) to execute such documents and take such actions as may be necessary to effectuate such transfer.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2024 FDD)
According to the 2024 Crawlspace Medic Franchise Disclosure Document, the franchise agreement anticipates and allows for electronic business transactions. Specifically, it mentions that franchisees will conduct internet-based advertising and maintain social media accounts linked to the Crawlspace Medic brand. Franchisees may also acquire interests in domain names, social media accounts, and other electronic listings related to their franchised business.
Crawlspace Medic franchisees are required to have and maintain adequate hardware and software to access the internet at the speed required by the franchisor. They must also use the electronic mail account provided by Crawlspace Medic and promptly respond to all electronic mail related to the franchised business on a daily basis. However, franchisees are restricted from establishing any website or other listing on the Internet except as specifically permitted by the franchisor.
Crawlspace Medic maintains a website providing information about the system, and the franchisor includes a listing on its website linking to the franchisee's business location. The franchisee does not have ownership or proprietary rights to the franchisor's website and will lose the link upon termination of the agreement. Franchisees are responsible for all fees and expenses for technology required by the agreement, including computer hardware and software costs, recurring fees for software and internet access, license fees, and help desk fees. Currently, this technology fee is 0.5% of gross revenue per unit per month.