Is a Hyper Kidz franchisee allowed to maintain their own website?
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.
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 generally prohibited from maintaining their own websites. Hyper Kidz reserves the right to manage all internet and electronic commerce activities related to the Hyper Kidz system. However, Hyper Kidz may establish a "click through" subpage on their website for the benefit of the franchisee's specific Hyper Kidz Business location.
If Hyper Kidz establishes a website with a subpage for the franchisee, the franchisee must provide updated content, photographs, and news stories about their Hyper Kidz Business for posting on this subpage. Hyper Kidz retains the right to specify the content, frequency, and procedure for updating the subpage. This allows Hyper Kidz to maintain brand consistency and control over the online presence of all franchise locations.
Hyper Kidz also controls social media initiatives. Franchisees are not allowed to promote their Hyper Kidz Business or use any of the Hyper Kidz marks on social media websites like Facebook, Instagram, LinkedIn, or Twitter without prior written consent from Hyper Kidz. Franchisees must adhere to Hyper Kidz's system standards for social media use, including restrictions on posting or blogging about the Hyper Kidz Business or system, except on websites authorized by Hyper Kidz. Hyper Kidz will provide access to branded social media pages/handles/assets, which franchisees must update regularly, and Hyper Kidz has the right to conduct collective/national campaigns via local social media on the franchisee's behalf. This indicates that Hyper Kidz aims to manage and coordinate the online marketing efforts of all its franchise locations to ensure a unified brand image and marketing strategy.