If an Extreme Art Studio franchisee can modify their webpage, what is their obligation when they change the content?
Extreme_Art_Studio Franchise · 2024 FDDAnswer from 2024 FDD Document
- 9.5.1 We have established a website to advertise, market and promote Extreme Art Studio Businesses; the art activities camps, parties, events, products and services that they offer and sell; and/or an Extreme Art Studio Franchise opportunity ("System Website"). We may, but are not obligated to, provide you with a webpage on the System Website that references the Franchised Business. If we provide you with a webpage on the System Website, you must: (i) provide us the information and materials we request to develop, update and modify your webpage, including information on your Studio(s); (ii) notify us whenever any information on your webpage is not accurate; and (iii) if we give you the right to modify your webpage, notify us whenever you change the content of your webpage. We reserve the right to include a charge as part of the technology fee for our maintenance of your webpage. We will own all intellectual property and other rights in the System Website, including your webpage and all information it contains (including, without limitation, the domain name or URL for your webpage, the log of "hits" by visitors, and any personal or business data that visitors supply).
- 9.5.2 We will maintain the System Website, and may use the Brand Fund's assets to develop, maintain and update the System Website. We periodically may update and modify the System Website (including your webpage). You must promptly notify us whenever any
information on your listing changes or is not accurate. You acknowledge that we have final approval rights over all information on the System Website (including your webpage). We may implement and periodically modify System Standards relating to the System Website.
- 9.5.3 Even if we provide you a webpage on our System Website, we will only maintain such webpage while you are in full compliance with this Franchise Agreement and all System Standards we implement (including, without limitation, those relating to the System Website).
If you are in default of any obligation under this Franchise Agreement or the System, then we may, in addition to our other remedies, temporarily remove your webpage from the System Website until you fully cure the default.
We will permanently remove your webpage from the System Website upon this Franchise Agreement's expiration or termination.
Source: Item 22 — CONTRACTS (FDD page 49)
What This Means (2024 FDD)
According to the 2024 Extreme Art Studio Franchise Disclosure Document, if Extreme Art Studio provides a franchisee with the right to modify their webpage on the System Website, the franchisee must notify Extreme Art Studio whenever they change the content of their webpage. Extreme Art Studio retains ownership of all intellectual property and other rights related to the System Website, including the franchisee's webpage and all its content. This includes the domain name or URL, visitor logs, and any personal or business data provided by visitors.
Extreme Art Studio maintains the System Website and may use the Brand Fund's assets for its development, maintenance, and updates. They periodically update and modify the System Website, including franchisee webpages, and have final approval rights over all information displayed. Franchisees must promptly notify Extreme Art Studio of any changes or inaccuracies on their webpage listings. Additionally, Extreme Art Studio may implement and modify System Standards related to the System Website.
Extreme Art Studio may temporarily remove a franchisee's webpage from the System Website if the franchisee defaults on any obligations under the Franchise Agreement or System Standards. This removal will last until the default is fully corrected. Upon expiration or termination of the Franchise Agreement, Extreme Art Studio will permanently remove the franchisee's webpage from the System Website. This ensures that Extreme Art Studio maintains control over its brand and online presence, and that franchisees adhere to consistent standards.