Does Advanced Mobile Iv And Amiv administer the advertising program for franchisees?
Advanced_Mobile_Iv_And_Amiv Franchise · 2023 FDDAnswer from 2023 FDD Document
chise Agreement, Section 5.3)
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- Provide the booking system and nurse management system for your use. (Franchise Agreement, Section 2.4)
Advertising
You are responsible for advertising and marketing activities relating to your Franchise. You must fully participate in all of our advertising and promotional programs and events, but you do not have the opportunity to approve or disapprove of our advertising and promotions, although we do welcome your thoughts, suggestions, and recommendations. Currently we promote our franchises through internet and social media. We may also advertise through print and direct mail media. Advertising programs may be implemented locally and regionally through advertising cooperatives. We may use in-house advertising departments and may use regional advertising agencies. We may provide to you advertising materials and sales aids for you to use in your local advertising and promotional efforts. We use your Marketing Fees for internet and social media advertising at times and using platforms and services we deem to be in the best interest of our franchisees and our franchise system. This includes Google, Facebook, Instagram, Tik Tok, Twitter, and YouTube, produced by in house content creators, and private SEO firm contractors.
Marketing Fees
AMIV FRANCHISE DISCLOSURE DOCUMENT 32
Beginning in the 13th month of franchise relationship, you are required to pay to us 1% of your monthly Gross Sales as an Advertising Fee (see Item 6, above). We reserve the right to temporarily lower, suspend, or rebate the Advertising Fee at any time, upon prior written notice to you and to our other franchisees. We will administer the capital we receive as Marketing Fees and direct all regional and national advertising programs with sole discretion over the creative ideas, materials, endorsements, placement, and allocation of overhead expenses. We may use the Advertising Fee to maintain, administer, direct, prepare, and review national, regional, or local advertising materials and programs as we, in our sole discretion, deem proper. We are under no obligation to use the Advertising Fee to ensure that expenditures are proportionate to contributions of franchisees for any given market area or that any franchise benefits directly or proportionately from the development or placement of advertising. We shall not be obligated to expend all or any part of the Marketing Fees we receive during any specific period.
Each of our company-owned and affiliate-owned AMIV operations offering products and services similar to our franchisees will make advertising contributions equivalent to the contribution percentage required of our franchisees.
Any Marketing Fees not used in the fiscal year in which they were contributed will be applied and used for advertising expenses in the following year.
We require that most advertising materials note that franchises are available. We do not intend to use marketing fees or assessments we collect from our franchisees for advertising that is principally to solicit the sale of new franchises.
Summary of Marketing Fee Contributions and Expenses for Fiscal Year Ended December 31, 2022
| Expenses: Advertising and Promotion | $0 | 0.0% |
|---|---|---|
| Total expenses: | $0 | 0.0% |
| Advertising fee contributions*: | $0 | 0.0% |
| Excess of expenses over contributions: | $0 | 0.0% |
The Marketing Fees are administered by us. The Marketing Fees are not audited. We receive payment from the Marketing Fees for providing certain marketing support services. You may obtain an accounting of the Marketing Fees and expenditures upon written request to us.
Local Advertising Expenditures
In addition to your obligation to pay to the Advertising Fee, we recommend that each month you expend in your local market at least 1% of your Gross Sales to advertise and promote your Franchise.
Promotional Materials
You will submit to us all advertising copy and other advertising and promotional materials before you use them in your local advertising program. You will not use any advertising copy or other promotional material until we approve it. You specifically acknowledge and agree that any web site will be deemed "advertising" under the Franchise Agreement and will be subject to, among other things, our approval, restrictions, and requirements outlined in the Operations Manual. The term "web site" means an interactive electronic document contained in a network of computers linked by communications software you operate or authorize others to operate that refers to the franchised business, proprietary marks, us, or the Method of Operation. The term web site
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includes, but is not limited to, Internet and World Wide Web home pages. All advertising and promotional materials must include the wording "franchises available."
Advertising Cooperatives
We may designate local, regional, or national advertising coverage areas for the development of cooperative local or regional advertising and promotional programs. An "advertising coverage area" is defined as the area covered by a particular advertising medium such as television, radio, or other medium, as recognized in the media industry. We will designate the geographic boundaries of cooperative advertising and promotional programs and the respective advertising coverage areas of these programs. We have the power to require cooperatives to be formed, changed, dissolved, or merged.
We will promptly notify you and our other franchisees of the establishment, modification, and geographical boundaries of regional advertising regions. We may require all franchisees located within each advertising region to meet periodically for the purpose of creating and establishing regional advertising programs. Each franchise and each operation we, parent company, or our affiliates own and operate will be entitled to one vote at these meetings. For the purpose of this subsection, each operation we own will be deemed to be a franchise.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 28–36)
What This Means (2023 FDD)
According to Advanced Mobile Iv And Amiv's 2023 Franchise Disclosure Document, franchisees are responsible for their own advertising and marketing activities. However, franchisees must participate in all advertising and promotional programs and events implemented by Advanced Mobile Iv And Amiv. Although franchisees can offer suggestions, they do not have the opportunity to approve or disapprove of the advertising and promotions. Advanced Mobile Iv And Amiv promotes franchises through internet and social media, and may also use print and direct mail media. Advertising programs may be implemented locally and regionally through advertising cooperatives, and Advanced Mobile Iv And Amiv may use in-house advertising departments and regional advertising agencies. Advanced Mobile Iv And Amiv may provide advertising materials and sales aids for franchisees to use in their local advertising and promotional efforts.
Advanced Mobile Iv And Amiv uses Marketing Fees for internet and social media advertising, utilizing platforms and services they deem to be in the best interest of franchisees and the franchise system. These platforms include Google, Facebook, Instagram, Tik Tok, Twitter, and YouTube, with content produced by in-house creators and private SEO firm contractors. Franchisees are required to pay 1% of their monthly Gross Sales as an Advertising Fee beginning in the 13th month of the franchise relationship. Advanced Mobile Iv And Amiv has the right to temporarily lower, suspend, or rebate the Advertising Fee with prior written notice.
Advanced Mobile Iv And Amiv administers the capital received as Marketing Fees and directs all regional and national advertising programs with sole discretion over the creative ideas, materials, endorsements, placement, and allocation of overhead expenses. Advanced Mobile Iv And Amiv is not obligated to ensure that expenditures are proportionate to contributions of franchisees for any given market area or that any franchise benefits directly or proportionately from the development or placement of advertising. Any Marketing Fees not used in the fiscal year in which they were contributed will be applied and used for advertising expenses in the following year. Advanced Mobile Iv And Amiv also recommends that franchisees expend at least 1% of their Gross Sales each month in their local market to advertise and promote their franchise.
Advanced Mobile Iv And Amiv may designate local, regional, or national advertising coverage areas for the development of cooperative local or regional advertising and promotional programs. They have the power to require cooperatives to be formed, changed, dissolved, or merged. If 65 percent of the franchisees in an advertising region vote to contribute to a regional advertising program, all franchisees within that region are obligated to contribute to a Regional Advertising Fund, up to a maximum of 2 percent of their Gross Sales. Advanced Mobile Iv And Amiv administers each Regional Advertising Fund in the same manner as the Marketing Fees. Franchisees must submit all advertising copy and promotional materials to Advanced Mobile Iv And Amiv for approval before use, including website content, which is also considered advertising.