factual

What are the restrictions on using Proprietary Marks on social media for a Punch King Fitness franchise?

Punch_King_Fitness Franchise · 2024 FDD

Answer from 2024 FDD Document

ime in the Operating Manual or otherwise in writing.

E. The delegation of Franchisor's Duties

Franchisor shall have the right to delegate and redelegate its responsibilities and duties under this Agreement to any designee(s) of its choosing, provided, however, that the right of final approval of all advertising programs shall be retained at all times by Franchisor.

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.
  • 4. Franchisee may advertise and promote the 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 Franchisor (collectively, "Franchisee's Social Media"), provided that Franchisor Is granted administrator access to the Franchisee's Social Media. All uses of the Franchisee's Social Media and communication channels and uses must be established in accordance and at all times be in compliance with the Operating Manual and System Standards.

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 guidelines regarding website and social media usage, as these are considered advertising. Punch King Fitness retains the right to establish and maintain a website to promote the brand, its products and services, and franchise opportunities. The franchisor has sole control over all aspects of the website, including design, content, functionality, and links.

Prospective Punch King Fitness franchisees should note that the franchisor can designate web pages to describe the franchisee's business within the franchisor's website. Franchisees must comply with the franchisor's policies regarding the creation, maintenance, and content of these web pages, and Punch King Fitness has the right to limit or discontinue the content and operation of such websites and web pages.

Franchisees are required to obtain prior written consent from Punch King Fitness before advertising, offering, or selling outside their designated territory through channels like the internet or direct marketing. If consent is granted to service another area, the franchisee must pay royalty and other fees to the franchisor for services performed or products sold in that area. These restrictions ensure brand consistency and controlled marketing efforts across the Punch King Fitness franchise system.

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.