Is a Hyper Kidz franchisee allowed to advertise on the internet without permission?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 24–33)
What This Means (2024 FDD)
According to Hyper Kidz's 2024 Franchise Disclosure Document, franchisees are significantly restricted in their ability to independently advertise online. The FDD states that franchisees cannot maintain their own website or advertise on the internet in connection with their Hyper Kidz Business without permission. Hyper Kidz reserves the right to manage all internet and electronic commerce activities related to the system.
Hyper Kidz may establish websites with subpages for individual franchise locations. If Hyper Kidz provides a "click through" subpage for a franchisee's location, the franchisee must routinely provide updated content for that subpage. Hyper Kidz retains the right to specify the content, frequency, and procedure for updating these subpages.
Furthermore, franchisees are not allowed to promote their Hyper Kidz Business or use any trademarks on social media platforms like Facebook, Instagram, LinkedIn, or Twitter without prior written consent from Hyper Kidz. Hyper Kidz maintains control over all social media initiatives and will provide access to branded social media pages, which franchisees must update regularly. Hyper Kidz also reserves the right to conduct national campaigns via local social media on behalf of the franchisee. These restrictions highlight the importance of adhering to Hyper Kidz's marketing guidelines and obtaining approval for any online promotional activities.