Is a Crawlspace Medic franchisee allowed to comment to any broadcast medium regarding the Franchised Business?
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 regu
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2024 FDD)
Based on the 2024 Crawlspace Medic Franchise Disclosure Document, there is no explicit mention of whether a franchisee is allowed to comment to any broadcast medium regarding the franchised business. However, the document does state that the franchisee may conduct internet-based advertising, maintain social media accounts, and use telephone listings linked to the Crawlspace Medic brand. The franchisee is also prohibited from establishing any website or other listing on the Internet except as provided and specifically permitted in the agreement.
Given that Crawlspace Medic franchisees are allowed to conduct internet-based advertising and maintain social media accounts, it could be inferred that they are allowed to make comments regarding the franchised business. However, since there is no explicit mention of broadcast media, it is not clear whether this extends to broadcast media such as television or radio.
A prospective Crawlspace Medic franchisee should clarify with the franchisor whether they are allowed to comment to any broadcast medium regarding the franchised business. This will help the franchisee understand the scope of their advertising and marketing activities.