Does the Crawlspace Medic franchise agreement include an attachment related to internet advertising, social media, and telephone usage?
Crawlspace_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2024 FDD)
According to the 2024 Crawlspace Medic Franchise Disclosure Document, the franchise agreement itself anticipates that franchisees will conduct internet-based advertising, maintain social media accounts, and use telephone listings linked to the Crawlspace Medic brand.
However, the document does not explicitly state that there is a specific attachment dedicated solely to internet advertising, social media, and telephone usage. Instead, the agreement outlines the franchisee's responsibilities and restrictions regarding these activities within the main body of the contract. For example, franchisees need written approval from Crawlspace Medic to maintain any business profile on social media sites like Facebook, Twitter, LinkedIn, YouTube, TikTok, or Instagram.
The agreement also states that Crawlspace Medic has sole discretion and control over the brand's website, including the franchisee's listing on it. Franchisees are required to use the electronic mail account provided by Crawlspace Medic and promptly respond to all emails related to the franchised business. It is important for prospective franchisees to carefully review the sections of the franchise agreement that discuss advertising and marketing to fully understand their obligations and limitations.