What is the consequence if an Aw franchisee uses disapproved advertising materials?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
ials not prepared or previously approved by us, and all proposed content for any Internet or social media advertising or promotion, must be submitted to us for approval. If you do not receive our written approval within thirty (30) days from the date we receive the materials, the materials will be deemed to have been disapproved. You may not use any advertising or promotional materials that we have disapproved. All advertising you use must be completely factual, in good taste (as determined in our sole discretion), and must conform to the highest standards of ethical advertising.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, franchisees are prohibited from using advertising or promotional materials that Aw has disapproved. If advertising materials are submitted to Aw for approval, and written approval is not received within thirty days from the date Aw receives the materials, the materials are considered disapproved.
All advertising used by the franchisee must be completely factual and in good taste, as determined by Aw. The advertising must also conform to the highest standards of ethical advertising. Franchisees must avoid any advertising, marketing, or promotion that could harm the Papa Ray's Pizza Restaurant, Aw's business, the goodwill associated with the Marks, or other Papa Ray's Pizza Restaurant franchisees.
While the FDD excerpt specifies that unapproved advertising is prohibited, it does not explicitly state the consequences of using such materials. It is common in franchising that using unapproved materials could lead to penalties such as fines, a demand to cease using the materials, or, in severe cases, termination of the franchise agreement. A prospective franchisee should seek clarification from Aw regarding the specific repercussions for using unapproved advertising materials.