factual

How does Punch King Fitness access a franchisee's Computer Systems?

Punch_King_Fitness Franchise · 2024 FDD

Answer from 2024 FDD Document

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E. The delegation of Franchisor's Duties

Franchisor shall have the right to delegate and redelegate its responsibilities and duties under this Agreement to any designee(s) of its choosing, provided, however, that the right of final approval of all advertising programs shall be retained at all times by Franchisor.

F. Web Site, Social Media, and Other Media

Franchisee specifically acknowledges and agrees that any Website (as defined below) is "advertising" under this Agreement and is subject to (among other things) Franchisor's approval. As used in this Agreement, the term Website means an interactive electronic document, a series of symbols, or otherwise, that is contained in a network of computers or other devices linked by communications software. The term Website includes, but is not limited to, the internet, World Wide Web home pages, URL addresses, and Social Media accounts and 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 Marks, any or all of the Permitted Products and Services, Punch King Fitness Franchised Business, the franchising of Punch King Fitness Franchised Business, and/or the System.
  • 2. Franchisor shall have the sole right to control all aspects of the Website, including, but not limited to, 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 the operation of the Website.
  • 3. Franchisor shall have the right, but not the obligation, to designate one or more web pages to describe Franchisee, the Franchise, or the Franchised Business, with such web pages to be located within Franchisor's Web site. 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 limit and discontinue the content and operation of such a Website and web pages.
  • 4. Franchisee may advertise and promote the Franchised Business via Social Media, which may be comprised of pages, communications, and content located on third-party platforms using the Proprietary Marks as specified by Franchisor (collectively, "Franchisee's Social Media"), provided that Franchisor Is granted administrator access to the Franchisee's Social Media. All uses of the Franchisee's Social Media and communication channels and uses must be established in accordance and at all times be in compliance with the Operating Manual and System Standards.

Source: Item 22 — CONTRACTS (FDD pages 56–215)

What This Means (2024 FDD)

According to the 2024 Punch King Fitness Franchise Disclosure Document, Punch King Fitness has the right, but not the obligation, to establish and maintain a website, which may promote the Punch King Fitness marks, products, services, franchised businesses, the franchising of Punch King Fitness businesses, and/or the Punch King Fitness system. Punch King Fitness retains sole control over all aspects of the website, including design, content, functionality, links, legal notices, policies, and terms of usage, and also has the right to discontinue the website's operation.

Punch King Fitness also has the right, but not the obligation, to designate web pages describing the franchisee, the franchise, or the franchised business within Punch King Fitness's website. Franchisees must comply with Punch King Fitness's policies regarding the creation, maintenance, and content of these web pages, and Punch King Fitness can limit or discontinue the content and operation of such a website and web pages.

Franchisees are not allowed to use other distribution channels like the internet, catalog sales, telemarketing, or direct marketing to make sales outside their territory or operate using other model concepts without written consent from Punch King Fitness. Franchisees must obtain prior written consent from Punch King Fitness before advertising, offering, or selling beyond their granted territory. If consent is granted to service another area, the franchisee must pay royalty fees and other fees to Punch King Fitness for the services performed or products sold.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.