Can a Devon Creek franchisee establish their own website without prior written consent?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
We alone may establish, maintain, modify or discontinue all intranet, internet, world wide web and electronic commerce activities pertaining to the System. We have established, and may establish in the future, one or more websites accessible through one or more uniform resource locators ("URLs") designed to market and promote the Devon Creek Franchise System and the franchise opportunity. We may design and provide for the benefit of your Franchised Business a "click through" subpage at our website(s) for the promotion of your Franchised Business and you must provide us with the information that we request. We will build out your "click through" subpages, and we will be responsible for maintaining all photo galleries, calendars or other information contained on your subpages. You may not establish your own website or use social media platforms for the promotion of your Franchised Business without our prior written consent. You must sign such documents as we may require, that grant us the right to change, transfer or terminate your email addresses, domain names, social media platforms and comparable electronic identities that use our trademarks if the Franchise Agreement expires or is terminated, or if your franchise is not renewed.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 24–32)
What This Means (2024 FDD)
According to the 2024 Devon Creek FDD, franchisees are not allowed to establish their own websites for promoting their franchise business without obtaining prior written consent from Devon Creek. Devon Creek may create a "click through" subpage on their website for the benefit of the franchisee's business, and the franchisee must provide the information requested by Devon Creek for this subpage. Devon Creek is responsible for maintaining the content on these subpages.
This policy ensures that all online marketing efforts align with Devon Creek's brand standards and strategies. It also allows Devon Creek to maintain control over the online presence of the franchise system, including websites and social media platforms. Franchisees must also sign documents granting Devon Creek the right to manage or terminate their email addresses, domain names, and social media platforms that use Devon Creek's trademarks if the Franchise Agreement expires or is terminated.
Devon Creek also controls all social media initiatives and franchisees are not permitted to promote their Franchised Business or use any of the Marks in any manner on any social or networking websites without prior written consent. Franchisees will not be given access to branded social media pages/handles/assets, as these will be maintained by Devon Creek, and Devon Creek reserves the right to conduct collective/national campaigns via social media on the franchisee's behalf. This level of control is common in franchising to maintain brand consistency and manage online reputation.