Is a Crawlspace Medic franchisee allowed to establish their own website or listing on the internet?
Crawlspace_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
software license agreements in the form that Franchisor requires for software Franchisor develops or acquires for use in the System. Currently this is Vonigo software.
- 12.3.5. Franchisee shall have and maintain adequate hardware and software in order to access the Internet at the speed required by Franchisor from time to time. Franchisee shall utilize the electronic mail account provided by Franchisor. Franchisee shall promptly read and respond to all electronic mail related to the Franchised Business no less often than on a daily basis and shall accept and acknowledge receipt of all electronic mail sent by Franchisor. Franchisee shall not establish any website or other listing on the Internet except as provided and specifically permitted herein.
- 12.3.6. Franchisor has established a website that provides information about the System and the products and services offered by the Crawlspace Medic System (the "Website"). Franchisor has sole discretion and control over the Website. Franchisor shall include a listing on its Website linking Franchisee's Franchised Business location. Franchisee has no ownership or other proprietary rights to Franchisor's website and Franchisee will lose all rights to such link to Franchisee's location upon expiration or termination of this Agreement for any reason.
- 12.3.7. Franchisee shall pay all fees and expenses for technology required by this Agreement, including but not limited to, the costs of computer hardware and software, regularly recurring fees for software and Internet access, license fees, help desk fees, licensing or user-based fees for a franchise portal or a benchmarking platform. Currently this fee is 0.5% of Gross Revenue per unit per month.
- 12.4. Safety and Security of Premises. Franchisee is solely responsible for the safety and security of the Franchised Business location and vehicle(s), Franchisee's personnel, customers, agents and the general public. All matters of safety and security are within Franchisee's discretion and control, and Franchisee's indemnification obligations set forth in Section 15.6 hereof shall apply to any claims made against Franchisor regarding safety or security.
- 12.5. Prices. Subject to applicable law, Franchisor may recommend or set maximum prices for services and products offered by Franchisee, which may vary
- depending on geographic and other market conditions.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2024 FDD)
According to the 2024 Crawlspace Medic Franchise Disclosure Document, franchisees are generally prohibited from establishing their own websites or internet listings, except as specifically permitted by the franchisor. Crawlspace Medic maintains a main website with information about the Crawlspace Medic system, and the franchisor includes a listing on its website that links to the franchisee's specific business location. However, the franchisee does not gain any ownership rights to the franchisor's website or the link to their location, and all rights to the link are lost upon termination or expiration of the franchise agreement.
This means that a prospective Crawlspace Medic franchisee will primarily rely on the franchisor's website for online presence and customer acquisition. While the franchisee will have a listing on the main Crawlspace Medic website, they will not have the freedom to create and manage their own independent website to promote their franchise. This centralized approach allows Crawlspace Medic to maintain brand consistency and control over online messaging.
Furthermore, franchisees need written approval from Crawlspace Medic to maintain any business profile on social media platforms like Facebook, Twitter, LinkedIn, YouTube, TikTok, and Instagram. All advertising and promotional materials must also be submitted to Crawlspace Medic for approval, and unapproved materials cannot be used. This includes any materials in digital, electronic, or computerized form. If Crawlspace Medic fails to respond to a franchisee's submission within ten business days, the plans and materials are deemed disapproved. This level of control ensures that all online and advertising activities align with the franchisor's standards and brand image.