Can Extreme Art Studio restrict a franchisee's use of social media for their Extreme Art Studio business?
Extreme_Art_Studio Franchise · 2024 FDDAnswer from 2024 FDD Document
all use of such sites.
If you wish to advertise online, you must follow our online policy, which is contained in our Franchise Operations Manual. Our online policy may change as technology and the Internet changes. Under our online policy, we may retain the sole right to market on the Internet, including all use of websites, domain names, advertising, and co-branding arrangements. We may restrict your use of social media. We may not allow you to independently market on the Internet, or use any domain name, address, locator, link, metatag, or search technique with words or symbols similar to the Marks. We intend that any franchisee website will be accessed only through our home page.
As long as we maintain a System Website, we will have the right to use the Brand Fund's assets to develop, maintain, and update the System Website. We may update and modify the System Website from time to time. You must promptly notify us whenever any information on your listing changes or is not accurate. We have final approval rights of all information on the System Website. We may implement and periodically modify System Standards relating to the System Website.
We are only required to reference your Extreme Art Studio Business on the System Website while you are in full compliance with your Franchise Agreement and all System Standards. You may not, without our prior written approval, develop, maintain, or authorize any website that mentions or describes you, your Extreme Art Studio Business, or displays any of the Marks. If we approve your use of a website, including social media websites, 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. If we develop a template or other standardized format and/or content for franchisee websites, you must agree to use our mediums. You may not sell products or services not approved by us in the Franchise Operations Manual on your Business website without our prior written approval (See Franchise Agreement – Section 9.5).
Even if we provide you a webpage on our System Website, we will only maintain such webpage while you are in full compliance with the Franchise Agreement and all System Standards we implement (including those relating to the System Website). If you are in default of any obligation under the Franchise Agreement or our System Standards, then we may 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 the Franchise Agreement's expiration or termination.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 27–37)
What This Means (2024 FDD)
According to the 2024 Extreme Art Studio Franchise Disclosure Document, Extreme Art Studio retains significant control over a franchisee's online marketing and social media activities. Extreme Art Studio may restrict a franchisee's use of social media for their business. The brand may also retain the sole right to market on the Internet, including all use of websites, domain names, advertising, and co-branding arrangements.
A franchisee may not independently market on the Internet or use any domain name, address, locator, link, metatag, or search technique with words or symbols similar to the Extreme Art Studio marks without approval. Any franchisee website should be accessed only through Extreme Art Studio's home page. Franchisees must also promptly notify Extreme Art Studio of any changes or inaccuracies in their listing information and secure approval for all information on the System Website.
If a franchisee is approved to use a website, including social media, Extreme Art Studio reserves the right to require written approval of its initial content and any updates or modifications. If Extreme Art Studio develops a template or standardized format for franchisee websites, franchisees must use those mediums. Franchisees are prohibited from selling unapproved products or services on their business website without prior written approval. Extreme Art Studio also has the right to review and remove online content on social media sites, blogs, electronic communications, and other online sites where their trademarks are used.