Who retains the sole right to advertise or use the Marks on the Internet for Goldfish Swim School?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor retains the sole right to advertise or use the Marks on the Internet, including the use of websites, domain names, uniform resource locators, keywords, linking, search engines (and search engine optimization techniques), banner ads, meta-tags, marketing, auction sites, e-commerce and cobranding arrangements.
Franchisee may be requested to provide content for Franchisor's Internet marketing and shall be required to follow Franchisor's intranet and Internet usage rules, policies and requirements.
Franchisor alone will be, and at all times will remain, the sole owner of the copyrights to all material which appears on any website we establish and maintain, including any and all material you may furnish to us as provided herein.
Source: Item 23 — RECEIPTS (FDD pages 77–389)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School FDD, the franchisor retains the sole right to advertise or use the Marks on the Internet. This includes the use of websites, domain names, uniform resource locators, keywords, linking, search engines (and search engine optimization techniques), banner ads, meta-tags, marketing, auction sites, e-commerce and co-branding arrangements.
This means that while franchisees may be requested to provide content for Goldfish Swim School's Internet marketing, they must adhere to the franchisor's intranet and Internet usage rules, policies, and requirements. The franchisor also retains sole ownership of the copyrights to all material on any website they establish and maintain, even material furnished by the franchisee.
This is a fairly standard clause in franchise agreements, as it allows the franchisor to maintain brand consistency and control over the online presence of the brand. However, it is important for prospective franchisees to understand that they will have limited control over online advertising and marketing, and must work within the guidelines set by Goldfish Swim School.