Does Hyper Kidz require parties to consent to do business electronically?
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, including but not limited to any mobile applications ("apps") that we may introduce, 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
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to Hyper Kidz's 2024 Franchise Disclosure Document, Hyper Kidz, as the franchisor, maintains control over all electronic commerce activities related to the Hyper Kidz system. Specifically, Hyper Kidz may establish websites and electronic commerce platforms, including mobile applications, for advertising, promoting products and services, and offering franchises for sale.
Hyper Kidz franchisees are required to provide updated content for their "click through" subpages on the franchisor's website, if such subpages are provided. Hyper Kidz reserves the right to specify the content, frequency, and procedure for these updates. Franchisees are generally prohibited from maintaining their own websites or engaging in other forms of online advertising without prior written consent.
Furthermore, franchisees must adhere to Hyper Kidz's system standards for social media use, including restrictions on posting or blogging about the business, except on platforms authorized by Hyper Kidz. The franchisor retains ownership of copyrights for all materials on its websites and reserves the right to revoke a franchisee's ability to use social media. These stipulations indicate that franchisees must comply with Hyper Kidz's directives regarding electronic business practices and online presence.