Can 360 Painting withhold approval of advertising materials for any reason?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
Your advertising must be in such media, and of such type, format and other particulars as we approve, must be conducted in a dignified manner, and must conform to our standards and requirements. Any and all advertising and marketing materials (whether developed in connection with an Advertising Cooperative or otherwise) not prepared or previously approved by us must be submitted to us at least 14 days prior to any publication or run date for approval, which we may withhold for any or no reason. We will provide you with written notification of approval or disapproval within a reasonable time. If we do not notify you of approval or disapproval within 10 days of our receipt of the materials, the materials will be approved. You must discontinue the use of any approved advertising within five days of your receipt of our request to do so. You may not conduct advertising or promotion on or through the Internet/world wide web or other electronic transmission via computer without our express prior written approval. All of your advertising and promotion must be factually accurate and shall not detrimentally affect the Marks or the System, as we determine. You must use the telephone number provided by us in connection with all marketing initiatives.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 27–38)
What This Means (2025 FDD)
According to 360 Painting's 2025 Franchise Disclosure Document, 360 Painting has the right to deny approval of advertising and marketing materials. Specifically, any advertising and marketing materials not prepared or previously approved by 360 Painting must be submitted for approval at least 14 days before their intended publication or run date. 360 Painting may withhold this approval for any reason, or for no reason at all.
360 Painting will provide written notification of approval or disapproval within a reasonable time. If a franchisee does not receive notification of approval or disapproval within 10 days of 360 Painting's receipt of the materials, the advertising materials will be considered approved. However, 360 Painting retains the right to request that a franchisee discontinue the use of any approved advertising within five days of receiving such a request.
Additionally, franchisees cannot conduct advertising or promotion on the Internet or other electronic means without 360 Painting's express prior written approval. All advertising and promotion must be factually accurate and must not negatively affect 360 Painting's marks or system, as determined by 360 Painting. Franchisees must also use the telephone number provided by 360 Painting in connection with all marketing initiatives. These stipulations give 360 Painting broad control over how its brand is presented and protected in the marketplace.