Is an Annex Brands franchisee allowed to post a customer testimonial without written permission?
Annex_Brands Franchise · 2025 FDDAnswer from 2025 FDD Document
You cannot create, transmit, view, retrieve, maintain or store any electronic communication, data, file, image, graphics, video clip, audio clip, or software in or through your website or anywhere on the Internet in your capacity as a franchisee, whether it is intended in a serious manner or as a joke or satire or is otherwise not intended to be taken seriously, that is: (1) a virus, worm, "Trojan horse" or any other harmful, contaminating, destructive or disruptive element; (2) illegal or solicits the performance of any illegal activity, including but not limited to gambling, anti-competitive activities such as price fixing, boycotting of suppliers or allocating markets, any violation of the securities laws, or a chain letter or message relating to pyramid schemes; (3) discriminatory, such as referring in a negative manner to an individual's race, age, disability, religion, national origin, physical attributes or sexual preference; (4) profane, indecent, obscene, pornographic or otherwise containing sexual content or innuendo; offensive, harassing, sexually harassing, abusive, intimidating, threatening, derogatory, libelous, defamatory, rude, imprecating, hateful or inflammatory; (5) private or personal matters concerning any person without permission of the person; (6) a political message, charity request or petition for signatures; (7) a password, a credit card number, a social security number, a PIN or the scanned copy of anyone's signature; (8) a testimonial or name or picture of any person for the purpose of advertising or promotion without that person's written permission; or (9) inaccurate, derogatory, libelous or defamatory relating to our employees, proprietors, business associates, clients, business practices, procedures or policies or any other content contrary to our interests or disclosing our confidential, sensitive or proprietary information, including but not limited to the Manuals, business plans, customer lists, unpublished financial information and the like.
Source: Item 22 — Contracts (FDD pages 109–110)
What This Means (2025 FDD)
According to Annex Brands' 2025 Franchise Disclosure Document, franchisees are not allowed to post a customer testimonial without written permission. The FDD specifies that franchisees cannot use a testimonial, name, or picture of any person for advertising or promotion without obtaining that person's written consent. This restriction applies to any electronic communication, data, file, image, graphic, video clip, audio clip, or software used on the franchisee's website or anywhere else on the Internet in their capacity as an Annex Brands franchisee.
This requirement protects the privacy of individuals and ensures that Annex Brands franchisees do not make unauthorized use of personal information for promotional purposes. It also helps to maintain the brand's reputation by ensuring that all advertising and promotional materials are properly vetted and approved.
For a prospective Annex Brands franchisee, this means that before using any customer testimonials in their advertising or promotional materials, they must first obtain written permission from the customer. Failure to do so could result in a breach of the franchise agreement and potential legal consequences. This is a fairly standard practice in franchising, as franchisors typically want to maintain control over brand messaging and ensure compliance with privacy laws.