Am I allowed to maintain my own website for my Hyper Kidz Business?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
l, System discussion forums and Systemwide communications (among other activities) can be done. You may not maintain your own website; otherwise maintain a presence or advertise on the internet or any other mode of electronic commerce in connection with your Hyper Kidz Business; establish a link to any website we establish at or from any other website or page; or at any time establish any other website, electronic commerce presence or URL which in whole or in part incorporates the "Hyper Kidz" name or any name confusingly similar to the Marks.
You are not permitted to promote your Hyper Kidz Business or use any of the Marks in any manner on any social or networking websites, such as Facebook, Instagram, LinkedIn or Twitter, without our prior written consent. We will control all social media initiatives. You must comply with our System Standards regarding the use of social media in your Hyper Kidz Business's operation, including prohibitions on your and your employees posting or blogging comments about the Hyper Kidz Business or the System, other than on a website established or authorized by us ("social media" includes personal blogs, common social networks like Facebook, Instagram and YouTube, professional networks like LinkedIn, live-blogging tools like Twitter, virtual worlds, file, audio and video-sharing sites, and other similar social networking or media sites or tools). We will provide access to branded social media pages/handles/assets, and you must update these regularly. We have the right to conduct collective/national campaigns via local social media on your behalf.
We 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 for your "click through" subpage. We reserve the right, at any time, to revoke your ability to use social media and/or to maintain a social media website.
Computer System (Franchise Agreement Article 11)
You must purchase and use certain computer hardware and software, including point of sale systems that we designate, that are capable of electronically interfacing with our computer system. The computer system is used to collect and monitor point of sale information, create business reports, scheduling, payroll management, inventory management, credit card processing, and booking parties.
The computer system must allow us to have immediate access to the information monitored by the system, and there is no contractual limitation on our access or use of the information we obtain. You must install and maintain equipment and a highspeed internet connection in accordance with our specifications to permit us to access the point of sale (or other computer hardware and software) at your Franchised Business premises as described above.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to Hyper Kidz's 2024 Franchise Disclosure Document, franchisees are not allowed to maintain their own websites for their Hyper Kidz business. Hyper Kidz reserves the right to establish and maintain all internet and electronic commerce activities pertaining to the Hyper Kidz system. However, Hyper Kidz may provide a "click through" subpage on their website for the benefit and promotion of the franchisee's specific Hyper Kidz location. If this is the case, the franchisee must routinely provide updated content and photographs for this subpage. Hyper Kidz also reserves the right to specify the content, frequency, and procedure for updating this subpage.
Hyper Kidz retains ownership of all copyrights to the material on any website they establish, including any material provided by the franchisee for their "click through" subpage. Hyper Kidz also controls all social media initiatives and the franchisee must comply with Hyper Kidz's system standards regarding social media use. Franchisees are not permitted to promote their Hyper Kidz business or use any of the Hyper Kidz marks on social media without prior written consent from Hyper Kidz.
Upon termination or expiration of the franchise agreement, Hyper Kidz has the option to take control of all internet listings, domain names, websites, and social media related to the franchised business. Even though franchisees are prohibited from establishing their own websites, Hyper Kidz can terminate any website that identifies the franchisee as associated with Hyper Kidz and terminate the domain name of such website.