What is included in the definition of 'Electronic Advertising' for a Hyper Kidz franchise?
Hyper_Kidz Franchise · 2024 FDDAnswer from 2024 FDD Document
directly or indirectly, through the internet, the world wide web, or any other similar proprietary or common carrier electronic delivery system, except for party bookings made through our Website; or by telecopy or other telephonic or electronic communications, including toll-free numbers, directed to or received from clients or prospective clients located outside of the Designated Territory. You may place advertisements in printed media and on television and radio that are targeted to customers and prospective customers located within the Designated Territory, and you will not be deemed to be in violation of this Agreement if those advertisements, because of the natural circulation of the printed media or reach of television and radio, are viewed by prospective customers outside of the Designated Territory. You shall not directly solicit customers outside of your Designated Territory.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
Based on the 2024 Hyper Kidz Franchise Disclosure Document, electronic advertising includes advertising conducted through the internet, the world wide web, or any similar electronic delivery system. However, this excludes party bookings made through the Hyper Kidz website. It also encompasses advertising via telecopy or other telephonic or electronic communications, including toll-free numbers, directed to or received from clients or prospective clients located outside of the franchisee's designated territory.
Hyper Kidz franchisees are permitted to place advertisements in printed media, television, and radio, even if these advertisements are incidentally viewed by prospective customers outside their designated territory due to the natural circulation or reach of these media. However, franchisees are explicitly prohibited from directly soliciting customers outside of their designated territory.
Hyper Kidz retains control over the brand's online presence, including the establishment, maintenance, and modification of websites and electronic commerce activities. While Hyper Kidz may provide a "click through" subpage on their website for individual franchise promotion, franchisees are restricted from creating their own websites or engaging in other forms of independent online advertising that use the Hyper Kidz name or marks without express permission. This includes social media platforms like Facebook, Instagram, LinkedIn, or Twitter.