What policies must a Punch King Fitness franchisee comply with regarding web pages?
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, franchisees must adhere to specific policies regarding web pages, as any website is considered advertising and requires franchisor approval. The term 'Website' includes interactive electronic documents, symbols, networks of computers, internet pages, URLs, and social media accounts.
Punch King Fitness retains the right to establish and maintain a website to promote the brand, services, and franchise opportunities. While Punch King Fitness may designate web pages to describe a franchisee's business within its own website, the franchisee must comply with Punch King Fitness's policies concerning the creation, maintenance, and content of these pages. Punch King Fitness also reserves the right to limit or discontinue the content and operation of these web pages.
This means that while a franchisee may have some online presence, Punch King Fitness maintains significant control over the brand's overall digital footprint. A prospective franchisee should clarify with Punch King Fitness the extent to which they can customize or control their web pages and what specific policies govern their content and maintenance.