Who has the authority to establish and maintain websites related to the Hyper Kidz system?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
We alone may establish, maintain, modify or discontinue all internet, world wide web and electronic commerce activities pertaining to the System. We may establish one or more websites accessible through one or more uniform resource locators ("URLs") and, if we do, we may design and provide for the benefit of your Hyper Kidz Business a "click through" subpage at our website for the promotion of your Hyper Kidz Business. If we establish one or more websites or other modes of electronic commerce and if we provide a "click through" subpage at the website(s) for the promotion of your Hyper Kidz Business, you must routinely provide us with updated copy, photographs and news stories about your Hyper Kidz Business suitable for posting on your "click through" subpage. We reserve the right to specify the content, frequency and procedure you must follow for updating your "click through" subpage.
Any websites or other modes of electronic commerce that we establish or maintain may – in addition to advertising and promoting the products and services available at Hyper Kidz Businesses – also be devoted in part to offering Hyper Kidz Business franchises for sale and be used by us to exploit the electronic commerce rights which we alone reserve.
In addition to these activities, we may also establish an Intranet through which downloads of operations and marketing materials, exchanges of franchisee email, 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.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 24–33)
What This Means (2024 FDD)
According to the 2024 Hyper Kidz Franchise Disclosure Document, Hyper Kidz alone has the authority to establish, maintain, modify, or discontinue all internet, worldwide web, and electronic commerce activities pertaining to the Hyper Kidz system. This includes establishing websites accessible through URLs. Hyper Kidz may design and provide a "click through" subpage on their website for individual franchisees to promote their specific Hyper Kidz Business. Franchisees must routinely provide updated content for their subpage. Hyper Kidz reserves the right to specify the content, frequency, and procedure for updating these subpages. Hyper Kidz also reserves the right to offer Hyper Kidz Business franchises for sale and exploit electronic commerce rights through these websites.
Hyper Kidz may also establish an Intranet for franchisees to download materials, exchange emails, participate in forums, and receive system-wide communications. Franchisees are prohibited from maintaining their own websites or advertising online in connection with their Hyper Kidz Business without permission. They cannot establish links to any website established by Hyper Kidz from any other website or use the Hyper Kidz name in any URL.
Franchisees are also restricted from promoting their Hyper Kidz Business or using Hyper Kidz's trademarks on social media platforms without prior written consent. Hyper Kidz controls all social media initiatives and requires franchisees to comply with system standards regarding social media use. Hyper Kidz will provide access to branded social media pages, which franchisees must update regularly, and Hyper Kidz retains the right to conduct national campaigns via local social media on the franchisee's behalf. Hyper Kidz owns the copyrights to all material on any website they establish, including material provided by franchisees for their subpages, and can revoke a franchisee's ability to use social media or maintain a social media website at any time.