What are the restrictions on the Fitstop franchisee's ability to use social media to promote their business without the franchisor's approval, and how are these restrictions enforced?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
om members who have placed orders via the internet or from another franchisee in the network.
- 6.13 Social Media Use and Participation. You must adhere to our social media policy as described more fully in the Manual(s). Any social media activity proposed to be undertaken by you that is not in conformance with the Manual(s) must be approved in writing by us in advance. You must comply with our directions in relation to such activity and if the relevant social media activity is not removed after being directed by us to be so removed, you authorize us to remove any social media activity that is not approved or authorized by us. You must not disparage us or any of our other franchisees on social media and must not post anything to social media that brings harm or disrepute to the Franchise System. Doing so is a material breach of this Agreement.
- 6.14 Member Loyalty Program. We may, in our discretion, establish and operate a Member Loyalty Program from time to time. You must participate fully in any Member Loyalty Program which we decide to establish and implement. The terms on which you will participate in the Member Loyalty Program will be set out in the Manual(s) from time to time but for the avoidance of doubt will be necessary to protect or promote our legitimate commercial interest. You must purchase from us the cards, application forms, and other materials for use in connection with the Member Loyalty Program prior to its commencement date and as and when required in the operation of the Franchise in accordance with the Manual(s). We may, in our reasonable discretion, by written notice to you at any time: (1) vary the terms of the Member Loyalty Program or (2) withdraw from supply the cards, application forms and other materials for use in connection with Member Loyalty Program.
- ©2024 Fitstop USA, Inc. 6.15 Ongoing Consultation. We will make staff available to you for consultation on operations, advertising, and promotion, and administration, as we determine appropriate in our discretion.
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, franchisees face several restrictions regarding social media use. Any social media activity that does not conform to the guidelines in Fitstop's manuals requires prior written approval from the franchisor. Fitstop franchisees must also ensure their employees comply with these social media policies. Franchisees cannot use Fitstop's proprietary marks to establish or operate domain names, internet addresses, blogs, forums, or networking media sites without specific approval.
Fitstop also prohibits franchisees from posting information on networking media sites that do not comply with their social networking guidelines, or that is derogatory, disparaging, critical, offensive, inflammatory, indecent, or harmful to the goodwill and public image of the Fitstop system. Franchisees are not allowed to establish links to any website or electronic advertising that Fitstop creates. However, Fitstop may provide a sub-page on their website for franchisees to promote their specific franchised business, but all content uploaded must adhere to Fitstop's standards and requires approval, including any subsequent changes.
Enforcement of these restrictions is clearly defined. Fitstop has the authority to direct franchisees to remove any non-approved social media activity. If the franchisee fails to comply, they authorize Fitstop to remove the content themselves. Posting disparaging remarks about Fitstop or other franchisees, or posting anything that harms the brand's reputation, constitutes a material breach of the Franchise Agreement. Fitstop also reserves the right to limit or remove a franchisee's access to the CMS (Content Management System) if the franchisee breaches the agreement. These measures ensure Fitstop maintains control over its brand image and messaging across all social media platforms.