factual

How will Auntie Annes allocate advertising contributions?

Auntie_Annes Franchise · 2024 FDD

Answer from 2024 FDD Document

  • A. Contributions to Ad Fund. We will allocate your Advertising Contributions to a fund for the advertising and promotion of the Businesses, the Marks, and the System (the "Ad Fund"). If we operate any Businesses, our Businesses will contribute to the Ad Fund in the same manner as similarly-situated Franchised Businesses. You acknowledge that our other franchisees may not be required to contribute to the Ad Fund, may be required to contribute to the Ad Fund at a different rate than you or may be required to contribute to a different advertising fund.
  • C. Use of Ad Fund. We will administer the Ad Fund. We have sole authority to direct all advertising programs and promotions and uses of the Ad Fund, with sole control over the creative concepts, materials, and media used in the programs, and the placement and allocation of advertising. We reserve the right to use any media, create any programs, and allocate advertising and promotional expenditures to any regions or locales we deem appropriate. D. No Proportionate Benefit; No Right to Withhold Contribution. The advertising and promotions that we conduct are intended to maximize general public recognition and patronage of the System generally in the manner that we determine to be most effective. We are not obligated to ensure that the expenditures from the Ad Fund are proportionate or equivalent to your contributions or that the Franchised Business will benefit directly or pro rata or in any amount from the placement of advertising. You will spend and/or contribute all advertising contributions, including the Advertising Contribution, provided for in this Agreement without reduction regardless of your perceived benefit to the Franchised Business or the amount of contribution by other franchisees operating Businesses or the default of these advertising obligations by any other franchisees.
  • A. Participation. You will participate, if we require, in any local, regional, or national cooperative advertising group consisting of other Businesses (an "Advertising Cooperative") that we specify, when and if any of these groups are created. We will designate the particular Advertising Cooperative(s) in which you may be required to participate (which designations may be based on, without limitation, the particular Designated Market Area or the Area of Dominant Influence, as those terms are used in the advertising industry, where your Franchised Business is located). If we collect the entire Local Marketing Obligation, we will not require you to participate in an Advertising Cooperative. You will enter into any formal agreements with the other franchisees of the System and/or us, as the case may be, as is necessary or appropriate to accomplish the goals of this Section 10.4 and you must abide by the formal agreements and decisions that we authorize the Advertising Cooperative to make on advertising and marketing in the area covered by the Advertising Cooperative. Amounts paid to an Advertising Cooperative will be credited against your Local Marketing Obligation as specified in Section 10.1.E. (Local Marketing Obligation). Any contributions that you make to an Advertising Cooperative shall be additional to your Advertising Contribution as specified in Section 3.2.B. (Advertising Contribution) and your Grand Opening Obligation as specified in Section 10.1.C. (Grand Opening Advertising). If you become delinquent in your dues or other payments to the Advertising Cooperative or fail to abide by any formal agreements or authorized decisions of the Advertising Cooperative, the delinquency or failure will be deemed a failure to participate in the Advertising Cooperative and a material breach of this Agreement.

Source: Item 22 — CONTRACTS (FDD page 106)

What This Means (2024 FDD)

According to Auntie Annes's 2024 Franchise Disclosure Document, advertising contributions are allocated to a fund for advertising and promotion of the businesses, the marks, and the system. Auntie Annes may operate businesses that also contribute to the advertising fund in the same manner as franchised businesses. However, other franchisees may not be required to contribute to the Ad Fund, may be required to contribute at a different rate, or may be required to contribute to a different advertising fund.

The advertising fund will be administered by Auntie Annes, who has sole authority to direct all advertising programs and promotions, including control over creative concepts, materials, media, placement, and allocation of advertising. Auntie Annes reserves the right to use any media, create any programs, and allocate advertising and promotional expenditures to any regions or locales they deem appropriate.

The advertising and promotions conducted by Auntie Annes are intended to maximize general public recognition and patronage of the system. Auntie Annes is not obligated to ensure that expenditures from the advertising fund are proportionate or equivalent to a franchisee's contributions or that the franchised business will benefit directly or pro rata from the placement of advertising. The franchisee must still contribute all advertising contributions, regardless of their perceived benefit.

In addition to the advertising fund, Auntie Annes franchisees may be required to participate in local, regional, or national cooperative advertising groups. Payments to these advertising cooperatives are determined by the participants and credited against the franchisee's local marketing obligation. Contributions to advertising cooperatives are in addition to the advertising contribution and grand opening advertising obligations. Failure to participate or abide by the agreements of the advertising cooperative constitutes a material breach of the franchise agreement.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.