What is the Devon Creek franchisee required to operate in strict conformity with?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
- 13.5 Social Media Use. Franchisee may not maintain any business profile on Facebook, Instagram, TikTok, Twitter, LinkedIn, YouTube or any other social media and/or networking site except in strict accordance with Franchisor's requirements, as follows:
- 13.5.1 Franchisee shall provide Franchisor with all passwords and administrative rights to any and all social media accounts for the Franchised Business, and Franchisee hereby appoints Franchisor its true and lawful agent and attorney-in-fact with full power and authority, for the sole purpose of taking whatever action as is necessary for the best interest of the System, if Franchisee fails to maintain such accounts in accordance with Franchisor's standards.
- 13.6 Approval of Advertising. All advertising and promotion by Franchisee, in any medium, shall be conducted in a professional manner and shall conform to the standards and requirements of Franchisor as set forth in the Manual or otherwise. Franchisee shall submit to Franchisor for its approval samples of all advertising, press releases, promotional plans and materials and public relations programs that Franchisee desires to use, including, without limitation, any materials in digital, electronic or computerized form, or in any form of media now or hereafter developed that have not been either provided or previously approved by Franchisor. Franchisor shall approve or disapprove such plans and materials within thirty (30) business days of Franchisor's receipt thereof. If Franchisor fails to respond to Franchisee's submission within thirty (30) business days, such plans and materials shall be deemed "disapproved". Franchisee shall not use such unapproved plans or materials until they have been approved by Franchisor in writing and shall promptly discontinue use of any advertising or promotional plans or materials, whether or not previously approved, upon notice from Franchisor. Any advertising, marketing or sales concepts, programs or materials proposed or developed by Franchisee for the Devon Creek brand and approved by Franchisor may be used by other System franchisees without any compensation to Franchisee.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
According to the 2024 Devon Creek Franchise Disclosure Document, a franchisee must operate their business in strict accordance with the Franchisor's requirements for social media use. Specifically, franchisees cannot maintain any business profile on social media platforms like Facebook, Instagram, TikTok, Twitter, LinkedIn, and YouTube, except as explicitly allowed by Devon Creek.
Devon Creek mandates that the franchisee provide the franchisor with all passwords and administrative rights to any social media accounts used for the franchised business. Furthermore, the franchisee appoints Devon Creek as their agent and attorney-in-fact, granting them the authority to take necessary actions if the franchisee fails to maintain the accounts according to Devon Creek's standards. This gives Devon Creek significant control over the franchisee's social media presence.
In addition to social media, all advertising and promotion by the franchisee, regardless of the medium, must be conducted professionally and adhere to Devon Creek's standards and requirements as outlined in the manual or elsewhere. Franchisees are required to submit samples of all advertising, press releases, promotional plans, and public relations programs to Devon Creek for approval. Devon Creek has 30 business days to approve or disapprove the submitted materials. Failure to respond within this timeframe results in automatic disapproval. Franchisees are prohibited from using unapproved materials and must discontinue any advertising or promotional materials upon notice from Devon Creek, even if previously approved. This ensures that all marketing efforts align with the brand's overall strategy and image.