If Apricot Lane does not provide written disapproval of a franchisee's advertising and promotional material within 30 days, what is the consequence?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
All advertising, marketing and promotional materials that FRANCHISEE develops for the Franchised Business must contain notices of the URL of the System Website in the manner that FRANCHISOR periodically designates. FRANCHISEE may not develop, maintain or authorize any other website, other online or digital presence or other electronic medium that mentions or describes the Franchised Business or displays any of the Marks without FRANCHISOR's prior written approval. FRANCHISEE (including any of your owners, signatories, guarantors or individuals who attended training or signed a confidentiality agreement) may not conduct commerce or directly or indirectly offer or sell any products or services using any website, another electronic means or medium, or otherwise over the Internet or in any other matter without express permission from the FRANCHISOR in writing. Any and all social media or digital presence that FRANCHISEE engages in must be pre-approved by FRANCHISOR in writing and must be in accordance with FRANCHISOR's standards that are specified from time to time. A separate agreement for these may be required.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
Based on the 2025 Apricot Lane Franchise Disclosure Document, franchisees must get prior written approval from Apricot Lane for all advertising, marketing, and promotional materials they develop for their franchised business. These materials must also include notices of the URL of the System Website as designated by Apricot Lane. Franchisees are prohibited from creating or managing any other websites or online presence that mentions the franchised business or displays any of Apricot Lane's marks without prior written approval.
Furthermore, franchisees cannot engage in online commerce or sell products or services through any website or electronic means without express written permission from Apricot Lane. Any social media or digital presence must also be pre-approved in writing and adhere to Apricot Lane's standards. A separate agreement may be required for these activities.
The FDD excerpt does not specify the consequences if Apricot Lane fails to provide written disapproval within a specific timeframe. It only states that prior written approval is required. Therefore, it is important for a prospective franchisee to clarify with Apricot Lane what happens if they do not respond to a request for approval within 30 days or any other specific timeframe. Understanding the approval process and associated timelines is crucial for franchisees to effectively market their business while remaining compliant with Apricot Lane's requirements.