What is considered 'Franchisee's Social Media' for a Punch King Fitness franchise?
Punch_King_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
Source: Item 22 — CONTRACTS (FDD pages 56–215)
What This Means (2024 FDD)
According to the 2024 Punch King Fitness Franchise Disclosure Document, a franchisee's social media accounts and pages are considered part of their 'Website'. The FDD defines 'Website' broadly as any interactive electronic document contained in a network of computers or devices linked by communications software. This definition includes, but is not limited to, the internet, World Wide Web home pages, URL addresses, and social media accounts and pages.
This means that any online presence a Punch King Fitness franchisee establishes, including social media profiles, is considered advertising under the franchise agreement and is subject to the franchisor's approval. Punch King Fitness retains the right to control all aspects of the website, including design, content, functionality, and links to third-party websites.
Punch King Fitness also has the right, but not the obligation, to establish and maintain a website that promotes the Punch King Fitness brand, its products and services, and the franchising opportunity. The franchisor may also designate web pages within its website to describe individual franchisees and their businesses, but the franchisee must comply with the franchisor's policies regarding the creation, maintenance, and content of these pages. This gives Punch King Fitness significant control over the franchisee's online presence and marketing efforts.