Can Punch King Fitness modify the provisions relating to websites and social media?
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. 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, Punch King Fitness has specific rights regarding websites and social media. The document states that any website is considered advertising and is subject to Punch King Fitness's approval. Punch King Fitness retains the sole right to control all aspects of the website, including design, content, functionality, links, legal notices, policies, and terms of usage. Punch King Fitness also has the right to discontinue the operation of the website.
Punch King Fitness has the option, but not the obligation, to create and maintain a website to promote the Punch King Fitness brand, services, and franchise opportunities. They can also designate web pages within their site to describe individual franchisees, but franchisees must comply with Punch King Fitness's policies regarding the creation, maintenance, and content of these pages. Punch King Fitness can limit or discontinue the content and operation of such websites and web pages.
This means that as a Punch King Fitness franchisee, you must adhere to the franchisor's website and social media policies. You acknowledge that Punch King Fitness has ultimate control over the brand's online presence and can make changes as they see fit. While Punch King Fitness may allow franchisees to have a presence on the corporate website, they retain the right to control and modify that content.