Can an Afuri Ramen Dumpling franchisee use advertising materials that have not been approved by the franchisor?
Afuri_Ramen_Dumpling Franchise · 2024 FDDAnswer from 2024 FDD Document
- 3 COVENANT OF NON-USE.
You agree not to use Confidential Information or the System, except as authorized by us.
You will obligate your owners, board of directors, your employees, and your agents to the same non-use covenant.
We must approve in writing any use of Confidential Information or System by you or your owners or your directors or employees.
Source: Item 23 — Receipts (FDD pages 50–189)
What This Means (2024 FDD)
According to Afuri Ramen Dumpling's 2024 Franchise Disclosure Document, franchisees are not allowed to use the System except when authorized by Afuri Ramen Dumpling. The System includes methods, procedures, techniques, uniform standards, operations manuals, inventory control guidelines, systems, layouts, merchandise, and materials connected with the operation, promotion, and advertising of Afuri Ramen Dumpling restaurants.
Specifically, the FDD states that Afuri Ramen Dumpling must approve in writing any use of the System by the franchisee, their owners, directors, or employees. This requirement extends to the franchisee's owners, board of directors, employees, and agents, who are also obligated to adhere to the same non-use covenant.
This means that an Afuri Ramen Dumpling franchisee must obtain written approval from Afuri Ramen Dumpling for any advertising materials they intend to use. Failure to do so would be a violation of the franchise agreement. This is a fairly standard practice in franchising, as franchisors want to maintain brand consistency and control over their image.