factual

Is a Punch King Fitness franchisee allowed to advertise using the Punch King Fitness Marks over the internet?

Punch_King_Fitness Franchise · 2024 FDD

Answer from 2024 FDD Document

    1. Franchisor, its affiliates, or a franchisee or licensee may advertise, promote, market, or sell goods or services using the Marks over the Internet, the world wide web, or any other electronic network.

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.

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

What This Means (2024 FDD)

According to Punch King Fitness's 2024 Franchise Disclosure Document, the franchisor reserves specific rights regarding advertising and the internet. While the franchisee may be able to advertise online, Punch King Fitness, its affiliates, or other franchisees/licensees have the right to advertise, promote, market, or sell goods or services using the Punch King Fitness Marks over the Internet, the world wide web, or any other electronic network.

Furthermore, any website operated by the franchisee is considered advertising and is subject to Punch King Fitness's approval. Punch King Fitness retains control over all aspects of any website, including design, content, functionality, and links. Punch King Fitness also has the right to establish and maintain a website to promote the Punch King Fitness Marks and franchise system.

Punch King Fitness has the option to designate web pages within its own website to describe a franchisee's business. However, the franchisee must comply with Punch King Fitness's policies regarding the creation, maintenance, and content of these pages, and Punch King Fitness can limit or discontinue the content and operation of such web pages. This indicates that while franchisees may have some online presence, Punch King Fitness maintains significant control over the brand's overall internet advertising and marketing strategy.

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.