Does Punch King Fitness have ownership of franchisee-developed advertising?
Punch_King_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
ising except as provided below.
Your Advertising.
You must submit to us for our prior approval samples of all advertising and promotional plans, materials, and other materials displaying the Marks. We will provide you with written approval or disapproval in 15 days. You may not use your advertising materials or materials that bear the Marks unless you have received our prior written approval. We have the right to use and have ownership of any Franchisee developed advertising.
Social Media
You may not establish or maintain a domain name, an internet website, or a webpage that relates to or advertises your Punch King Fitness Franchised Business or displays the Marks, as we reserve the exclusive right to control any websites or web pages concerning Punch King Fitness Franchise Businesses and the Marks. You may advertise and promote your 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 us (collectively, "Franchisee's Social Media"), provided that we are granted administrative access to your Social Media. All uses of Social Media and communication channels and uses must be established in accordance and at all times comply with the Operating Manual and System Standards. We will be the sole owner of all related intellectual property rights of all Social Media and other digital and media accounts and all content posted on Social Media.
Gift Cards and Loyalty Programs.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 28–35)
What This Means (2024 FDD)
According to Punch King Fitness's 2024 Franchise Disclosure Document, the company retains the right to own any advertising developed by its franchisees. Before a franchisee can use any advertising or promotional materials that display Punch King Fitness's marks, they must submit samples to the company for prior approval. Punch King Fitness will then provide written approval or disapproval within 15 days.
This policy extends to social media, where franchisees can promote their Punch King Fitness franchise on third-party platforms, provided they grant administrative access to their social media accounts to the company. Punch King Fitness maintains exclusive control over websites and web pages related to the franchise and its marks. The company will be the sole owner of all related intellectual property rights of all Social Media and other digital and media accounts and all content posted on Social Media.
This means that while franchisees can contribute to advertising and promotional efforts, Punch King Fitness ultimately controls and owns the rights to those materials. Franchisees need to be aware that any advertising they create for their Punch King Fitness location becomes the property of the franchisor, and they must adhere to the franchisor's guidelines and obtain approval before using any advertising materials.