Is Ella Cafe obligated to establish and maintain a website to provide information about the system?
Ella_Cafe Franchise · 2024 FDDAnswer from 2024 FDD Document
- **9.9.
Participation in E-Commerce**.
Franchisee must at all times cooperate with Franchisor and actively participate in any and all social media and other e-commerce advertising programs, management programs, and other platforms Franchisor requires and pay Franchisor or a third-party provider the costs associated with such programs or platforms.
The costs and/or fees associated with these programs are in addition to other advertising fees under this Agreement.
- **9.10.
Business Directory Listings**.
Franchisee must place and pay the cost of business listings in such print and online directories and categories, whether electronic or hard copy, as Franchisor may require from time to time.
Amounts paid for business directory listings will not be credited toward any of the expenditures required by this Section 9.
- **9.11.
Social Media and E-commerce.** Franchisor may create and license to the Franchisee, social media accounts, e-mail marketing software accounts and other electronic accounts that use the Marks or any portion of them, used by the Franchisee with any Internet directory, website, platform, or similar item in the operation of the Franchised Business.
The Franchisee may not create websites, social media accounts, e-mail marketing software accounts or other comparable accounts outside of those which Franchisor license to the Franchisee.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2024 FDD)
Based on the 2024 Ella Cafe Franchise Disclosure Document, Ella Cafe is not obligated to establish and maintain a website to provide information about the system. However, franchisees must cooperate with Ella Cafe and actively participate in any and all social media and other e-commerce advertising programs, management programs, and other platforms Ella Cafe requires. The franchisee is also responsible for paying the costs associated with such programs or platforms, which are in addition to other advertising fees.
Ella Cafe may create and license to the franchisee social media accounts, e-mail marketing software accounts, and other electronic accounts that use the Marks or any portion of them, used by the franchisee with any Internet directory, website, platform, or similar item in the operation of the franchised business. The franchisee is prohibited from creating websites, social media accounts, e-mail marketing software accounts, or other comparable accounts outside of those which Ella Cafe licenses to the franchisee.
Furthermore, franchisees must place and pay the cost of business listings in such print and online directories and categories, whether electronic or hard copy, as Ella Cafe may require from time to time. Amounts paid for business directory listings will not be credited toward any of the expenditures required. This indicates that while Ella Cafe doesn't have an obligation to provide a website, franchisees are expected to participate in e-commerce and social media initiatives and maintain an online presence as directed by Ella Cafe.