Can Mr. Sandless require a franchisee's only internet presence to be through web pages established on the Mr. Sandless website?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
- 13.3.3 In connection with any Website, you may not establish a Website related to the Proprietary Marks or the System, nor may you offer, promote, or sell any products or services, or make any use of the Proprietary Mark, through the Internet without our prior written approval. As a condition to granting any consent, we will have the right to establish any requirement that we deem appropriate, including a requirement that your only presence on the Internet will be through one or more web pages that we establish on our Website.
- 13.3.4 Directory Listings and Social Media Accounts. You acknowledge and agree that you are strictly prohibited from promoting your Business or using the Proprietary Marks in any manner on social or networking Websites, including, but not limited to, Facebook, Instagram, X (Twitter), Bluesky, LinkedIn, YouTube, Threads, Tik Tok, blogs, or any other social media and/or networking site without our prior written approval. If feasible, and with our prior written approval, you may do cooperative listings with other System franchisees. You are specifically prohibited from using your, or any other individual's or entity's personal social media accounts to promote the Franchised Business.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, Mr. Sandless has the right to require that a franchisee's only presence on the internet be through web pages that Mr. Sandless establishes on its website. This is conditional on Mr. Sandless granting consent for the franchisee to have any internet presence at all. Websites are considered advertising under the agreement and are subject to Mr. Sandless's review and prior written approval before they may be used. A "Website" is defined as an interactive electronic document contained in a network of computers linked by communications software that refers to the Mr. Sandless business, proprietary marks, Mr. Sandless itself, or the Mr. Sandless system.
This policy gives Mr. Sandless significant control over the franchisee's online presence and marketing efforts. As a condition of allowing a franchisee to have any website, Mr. Sandless can mandate that the franchisee's online presence be limited to a page or pages within the Mr. Sandless website. This means the franchisee might not be allowed to create their own independent website or control their own online branding.
Furthermore, franchisees are strictly prohibited from promoting their Mr. Sandless business or using Mr. Sandless's proprietary marks on social media or networking websites without prior written approval. This includes platforms like Facebook, Instagram, X (Twitter), Bluesky, LinkedIn, YouTube, Threads, Tik Tok, and blogs. Franchisees are also prohibited from using their personal social media accounts to promote the franchised business. This restriction extends to registering any internet domain name that contains words used in or similar to any brand name owned by Mr. Sandless or its affiliates without prior written consent.
Given these restrictions, a prospective Mr. Sandless franchisee should carefully consider the implications for their ability to market their business online and build a local online presence. The franchisee should discuss with Mr. Sandless what options are available for online marketing and what level of control they will have over their online presence.