Does Auntie Annes have sole control over the materials used in advertising programs?
Auntie_Annes Franchise · 2024 FDDAnswer from 2024 FDD Document
We or an affiliate 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.
Local Advertising, Marketing, and Promotion. Except as otherwise provided in the Manuals, you may use only Advertising and Promotional Content that we have furnished or approved in writing in advance. "Advertising and Promotional Content" includes all advertising, marketing, promotional, customer relationship management, public relations, and other brand-related programs, materials, and content relating to the Shop, the Marks, or the Approved Products, including (i) any branded materials (such as business cards, signs, counter cards, banners, posters, displays, window clings, and in-store messaging), (ii) press releases, (iii) printed materials (such as leaflets, direct mail materials, coupons, and published advertisements), (iv) promotional items (such as branded specialty and novelty items, products, and clothing), (v) audio or video advertising (such as radio, television, or podcast ads or online video postings), and (vi) Digital Marketing (as defined below). You must ensure that all Advertising and Promotional Content that you or your agents or representatives develop or implement related to the Shop is (a) clear, factual, ethical, and not misleading, (b) complies with all laws, and (c) conforms to our Standards and the advertising and marketing policies that we periodically specify.
Currently, except for Advertising and Promotional Content we furnish to you and certain branded content social media postings, you must submit to us for our written approval, before use, copies of all proposed Advertising and Promotional Content that you intend to use or implement. We have the right to approve or disapprove (or to require you to discontinue using) any Advertising and Promotional Content, as well as the media in which intend to use them, in our sole discretion.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 61–77)
What This Means (2024 FDD)
According to Auntie Annes's 2024 Franchise Disclosure Document, Auntie Annes maintains significant control over advertising and promotional materials. Auntie Annes has sole authority to direct all advertising programs and promotions and use of the Ad Fund, including creative concepts, materials and media.
Auntie Annes may formulate, develop, produce, and conduct advertising or promotional programs in any forms and media that it determines to be most effective. Franchisees may purchase approved advertising and promotional materials, including signs and posters, prepared by Auntie Annes.
With limited exceptions, franchisees must obtain written approval from Auntie Annes before using any advertising and promotional content. This content includes branded materials, press releases, printed materials, promotional items, audio or video advertising, and digital marketing. Auntie Annes has the right to approve or disapprove any advertising and promotional content in its sole discretion.