Is Extreme Art Studio obligated to provide franchisees with a webpage on the System Website?
Extreme_Art_Studio Franchise · 2024 FDDAnswer from 2024 FDD Document
against the Local Advertising Cooperative. Except as expressly provided in this Section 9.4, we assume no direct or indirect liability or obligation to you with respect to the maintenance, direction or administration of the Local Advertising Cooperative.
9.5 SYSTEM WEBSITE.
- 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.
- 9.5.4 All advertising, marketing and promotional materials that you develop for the Franchised Business must contain notices of the System Website's domain name in the manner we designate.
- 9.5.5 You agree that you will not sell any Extreme Art Studio Business products or services to customers on a website through the Internet or through any alternative channels of distribution, except as approved by us. You may not, without our prior written approval, develop, maintain or authorize any website, social media account, crowdfunding campaigns or blogs that mention or describes you, your Extreme Art Studio Business, or displays any of the Marks. If we approve your use of a website, social media or other account, we will reserve the right to require you to obtain our written approval of its initial content and as it is updated or modified from time to time. We have the right to review and remove all online content on social media sites, blogs, in electronic communications, and on other online sites on which our trademarks are used, to protect the reputation and high quality associated with our trademarks and to maintain consistency within the System. We may remove or require you to remove any questionable usage or content involving our Marks. We may also require you to cease using our Marks at all such sites or discontinue all use of such sites.
Source: Item 22 — CONTRACTS (FDD page 49)
What This Means (2024 FDD)
According to the 2024 Extreme Art Studio Franchise Disclosure Document, Extreme Art Studio is not obligated to provide franchisees with a webpage on the System Website. While Extreme Art Studio maintains a System Website to promote Extreme Art Studio businesses, art activities, camps, parties, events, products, services, and franchise opportunities, providing a webpage for each franchisee is optional. If Extreme Art Studio does provide a webpage, the franchisee must supply the necessary information and materials for its development, updating, and modification, and must promptly notify Extreme Art Studio of any inaccuracies or changes. Extreme Art Studio retains ownership of all intellectual property and rights related to the System Website, including the franchisee's webpage and its content.
Extreme Art Studio maintains the System Website and may use the Brand Fund's assets for its development, maintenance, and updates. The franchisor has final approval rights over all information on the System Website, including the franchisee's webpage, and may implement and modify System Standards related to the website. Even if a webpage is provided, Extreme Art Studio will only maintain it as long as the franchisee is in full compliance with the Franchise Agreement and all System Standards.
If a franchisee defaults on any obligation under the Franchise Agreement or the System, Extreme Art Studio may temporarily remove the franchisee's webpage from the System Website until the default is fully corrected. Upon expiration or termination of the Franchise Agreement, the franchisee's webpage will be permanently removed from the System Website. All advertising, marketing, and promotional materials developed by the franchisee must include notices of the System Website's domain name as designated by Extreme Art Studio.
Extreme Art Studio also maintains control over the franchisee's online presence. Franchisees are restricted from selling Extreme Art Studio products or services on a website through the Internet or any alternative channels of distribution, except as approved by Extreme Art Studio. Franchisees may not develop, maintain, or authorize any website, social media account, crowdfunding campaigns, or blogs that mention or describe the franchisee, their Extreme Art Studio Business, or display any of the Marks without prior written approval from Extreme Art Studio. Extreme Art Studio reserves the right to review and remove online content on social media sites, blogs, in electronic communications, and on other online sites where their trademarks are used.