According to Hyper Kidz, what standards must all advertising by the franchisee meet?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
with a report within fifteen (15) days after the end of each calendar quarter detailing your local marketing activities. The information we may request includes verification copies of your advertising and copies of bills for expenses related to a promotion.
We reserve the right to collect some or all of your grand opening funds and/or your Local Advertising expenditure and implement grand opening campaign activities and/or Local Advertising on your behalf.
12.2.2 Any marketing or promotional materials you propose to use that have been prepared by or for you, or that we have not approved in the immediately preceding twelve (12) month period, must be submitted to us and receive our approval before you may use the materials. The proposed materials must be submitted to us not later than fourteen (14) days before you intend to use them. Unless we provide our specific approval of the proposed materials within this fourteen (14) day period, the materials are deemed not approved. Any marketing or promotional materials you submit to us for our review will become our property, and there will be no restriction on our use or distribution of these materials. At our request, you must include certain language in your local advertising, including "Franchises Available" and our Website address and telephone number.
12.3 Marketing Cooperatives
We may, in our discretion, create a local or regional marketing cooperative ("Cooperative") in any area, and establish the rules and regulations therefor, or we may approve of a Cooperative formed by our franchisees. Immediately upon our request, you must become a member of the Cooperative for the area in which your Franchised Business is located. In no event may your Hyper Kidz Business be required to be a member of more than one (1) Cooperative. The Cooperative must be governed in the manner we prescribe. The Cooperative may require each of its members to make periodic contributions thereto. Hyper Kidz Businesses owned by us or our Affiliates may, but are not required to, participate in a Cooperative.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to the 2024 Hyper Kidz Franchise Disclosure Document, franchisees must adhere to specific standards for their advertising and promotional materials. Any marketing or promotional content prepared by or for the franchisee, or that has not been approved within the last year, requires submission to Hyper Kidz for approval at least 14 days before its intended use. Failure to receive specific approval within this 14-day period means the materials are deemed unapproved.
Hyper Kidz retains ownership of any marketing or promotional materials submitted for review, granting them unrestricted use and distribution rights. Additionally, Hyper Kidz may mandate the inclusion of specific language, such as "Franchises Available" and the company's website address and telephone number, in the franchisee's local advertising.
Furthermore, franchisees are restricted from promoting their Hyper Kidz business or using any trademarks on social media platforms without prior written consent from Hyper Kidz, which maintains control over all social media initiatives. Franchisees must also comply with Hyper Kidz's system standards regarding social media use, including prohibitions on posting or blogging comments about the business or system, except on platforms authorized by Hyper Kidz. Hyper Kidz will provide access to branded social media assets, which franchisees are required to update regularly. Hyper Kidz also reserves the right to conduct collective or national campaigns via local social media on the franchisee's behalf.