What materials are considered 'Authorized Materials' for an Anago subfranchisee when soliciting prospective Unit Franchisees?
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" for a subfranchisor soliciting prospective unit franchisees include specific items. These comprise written or recorded materials provided by Anago to the subfranchisor, such as the FDD, the Unit Franchise Agreement (including exhibits), brochures, and applications. Additionally, materials prepared by the subfranchisor are considered authorized if Anago specifically requests them in writing or has given prior written approval. General written correspondence prepared by the subfranchisor is also authorized, provided it aligns with and does not contradict the materials provided by Anago or the company's policies and procedures.
However, materials are not considered "Authorized Materials" if Anago has notified the subfranchisor that they are no longer authorized, if the materials are outdated or misleading, or if they become inconsistent with Anago's stated facts, policies, or procedures. This places a responsibility on the subfranchisee to ensure all solicitation materials remain current, accurate, and compliant with Anago's guidelines.
This definition ensures that subfranchisors use only approved and consistent messaging when recruiting new unit franchisees, protecting Anago's brand and reputation. Subfranchisors must be diligent in obtaining necessary approvals and staying informed about any changes to authorized materials to avoid non-compliance.