Does My Salon Suite Franchisor have the right to establish and maintain a website?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
As used in this Franchise Agreement, the term "Website" means an interactive electronic document, series of symbols, or otherwise, that is contained in a network of computers linked by communications software. The term Website includes, but is not limited to, Internet and World Wide Web home pages. In connection with any Website, Franchisee agrees to the following:
- (1) Franchisor shall have the right, but not the obligation, to establish and maintain a Website, which may, without limitation, promote the Proprietary Marks, Franchised Businesses and any or all the products offered at these salons, the franchising of FranchisedBusinesses and/or the System.
Franchisor shall have the sole right to control all aspects of the Website, including without limitation its design, content,functionality, links to the websites of third parties, legal notices, and policies and terms of usage. Franchisor shall also have the right to discontinue operation of the Website.
(2) Franchisor shall have the right, but not the obligation, to designate one or more web page(s) to describe Franchisee and/or the Franchised Business, with such web page(s) to be located within Franchisor's Website. Franchisee shall comply with Franchisor's policies with respect to the creation, maintenance, and content of any such web pages; and Franchisor shall have the right to refuse to post and/or discontinue posting any content and/or the operation of any web page.
(3) Franchisee shall not establish a separate Website without Franchisor's prior written approval (which Franchisor shall not be obligated to provide). If approved to establish a Website, Franchisee shall comply with Franchisor's policies, standards, and specifications with respect to the creation, maintenance, and content of any such Website. Franchisee specifically acknowledges and agrees that any Website owned or maintained by or for the benefit of Franchisee shall be deemed "advertising" under this Franchise Agreement and will be subject to (among other things) Franchisor's approval under this Section 9.
(4) Franchisee shall not promote or otherwise list its Franchised Business or the Proprietary Marks or System, on any social media or networking site, including without limitation, Facebook, LinkedIn, Plaxo, X (formerly Twitter) or YouTube, TikTok without Franchisor's prior written consent.
(5) Franchisor shall have the right to modify the provisions of this Section 9.6 relating to Websites and social media, as Franchisor shall solely determine is necessary or appropriate. Franchisor may update these provisions through the Manual or otherwise in writing.
Source: Item 23 — RECEIPTS (FDD pages 95–230)
What This Means (2025 FDD)
According to My Salon Suite's 2025 Franchise Disclosure Document, the franchisor has the right, but not the obligation, to establish and maintain a website. This website may promote the My Salon Suite Proprietary Marks, franchised businesses, products offered at the salons, and the franchising of My Salon Suite businesses and the System. The franchisor retains sole control over all aspects of the website, including its design, content, functionality, links, legal notices, policies, and terms of usage. They also have the right to discontinue the website's operation.
My Salon Suite may designate web pages within their website to describe the franchisee and/or their franchised business. Franchisees must comply with My Salon Suite's policies regarding the creation, maintenance, and content of these web pages, and the franchisor can refuse to post or discontinue any content or web page operation. Franchisees are not allowed to establish a separate website without prior written approval from My Salon Suite, which the franchisor is not obligated to provide. If a franchisee is approved to create a website, they must adhere to My Salon Suite's policies, standards, and specifications.
Furthermore, any website owned or maintained by the franchisee is considered advertising and is subject to the franchisor's approval. Franchisees are also restricted from promoting their business or the My Salon Suite system on social media sites without prior written consent from the franchisor. My Salon Suite retains the right to modify the provisions related to websites and social media as they deem necessary, updating these provisions through the Manual or in writing. This ensures that My Salon Suite maintains control over its brand's online presence and marketing efforts.