Is a Hyper Kidz franchisee allowed to use the Hyper Kidz Marks as part of the domain name of any website?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
You agree to use the Marks as the sole trade identification of the Hyper Kidz Business, provided that you shall identify yourself as the independent owner of the Hyper Kidz Business in the manner prescribed by us. You shall not use any Mark or any variation thereof (a) as part of any corporate or trade
name or with any prefix, suffix, or other modifying words, terms, designs, or symbols, or in any modified form; (b) in connection with the performance or sale of any unauthorized services or products; (c) as part of the Domain Name or electronic address of any Website; or (d) in any other manner not expressly authorized in writing by us.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to the 2024 Hyper Kidz Franchise Disclosure Document, franchisees are explicitly prohibited from using the Hyper Kidz Marks as part of the domain name or electronic address of any website. This restriction is in place to ensure brand consistency and to maintain control over the online presence of the Hyper Kidz brand.
The FDD states that Hyper Kidz alone may establish and maintain all internet and electronic commerce activities pertaining to the system. Hyper Kidz may establish a website with a "click through" subpage for each franchisee. Franchisees must provide updated content for their subpage.
This policy means that franchisees cannot create their own independent websites using the Hyper Kidz name. All online marketing and branding efforts must be managed or approved by the franchisor. This ensures that the brand message remains consistent across all locations and prevents franchisees from potentially misrepresenting the brand online. Franchisees are also restricted from using the Hyper Kidz marks on social media without prior written consent from Hyper Kidz.