What are examples of 'Authorized Materials' that an Anago subfranchisor can use?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
- "Authorized Materials" means: (i) those written or recorded materials provided by Franchisor to Subfranchisor for purposes of soliciting prospective Unit Franchisees, including the FDD, Unit Franchise Agreement and exhibits, brochures and applications; (ii) written or recorded materials prepared by Subfranchisor upon the specific written request of, or that have previously been approved in writing by Franchisor; and (iii) general written correspondence prepared by Subfranchisor that is based upon, and not inconsistent with (i) or (ii) above, nor inconsistent with policies and procedures of Franchisor stated in this Agreement and otherwise in writing by Franchisor.
No materials are considered Authorized Materials if Franchisor has notified Subfranchisor (or Subfranchisor is otherwise aware) that the materials are no longer Authorized Materials; the materials are not current or are misleading, or Franchisor has notified Subfranchisor (or Subfranchisor is otherwise aware) that the materials are no longer correct or are misleading; or the materials later become inconsistent with facts, policies or procedures Franchisor states in writing to Subfranchisor.
Subfranchisor will make no representations that would not, if written, be Authorized Materials.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, 'Authorized Materials' refer to the materials a subfranchisor can use when soliciting prospective unit franchisees. These materials include written or recorded content provided by Anago to the subfranchisor, such as the Franchise Disclosure Document (FDD), the Unit Franchise Agreement and its exhibits, brochures, and applications.
Additionally, 'Authorized Materials' can include materials prepared by the subfranchisor, but only if Anago specifically requests them in writing or has given prior written approval. General written correspondence prepared by the subfranchisor is also permissible, provided it aligns with the materials provided by Anago and does not contradict Anago's policies and procedures as outlined in the agreement or other written communications from Anago.
It's important to note that Anago retains control over what constitutes 'Authorized Materials.' If Anago informs the subfranchisor that certain materials are no longer authorized, or if the materials become outdated or misleading, they can no longer be used. Similarly, any materials that become inconsistent with Anago's current facts, policies, or procedures are also prohibited. The subfranchisor is also restricted from making any representations that would not be considered 'Authorized Materials' if put in writing, ensuring all communications remain within Anago's approved guidelines.