Can the Aw Marketing Fund be used to defray Aw's general operating expenses?

According to Aw's 2025 Franchise Disclosure Document, the Marketing Fund is a separate and distinct account from Aw's other funds. While the funds are kept separate, Aw can use the Marketing Fund to cover reasonable salaries, administrative costs, and overhead that Aw incurs while administering the Marketing Fund. These expenses must be reasonably related to the administration of the Marketing Fund and its advertising, marketing, and promotional programs. These programs include conducting market research, preparing advertising, marketing, and promotional materials, and collecting and accounting for contributions to the Marketing Fund.

Aw has the discretion to direct all advertising, marketing, and promotional programs financed by the Marketing Fund. This includes decisions about creative concepts, materials, endorsements, and the geographic, market, and media placement of the programs. Aw may spend more or less than the total contributions from Papa Ray's Pizza Restaurants in any fiscal year. Aw can also borrow from lenders to cover deficits in the Marketing Fund or invest any surplus for future use. Any interest earned on the Marketing Fund will be used to pay for advertising, marketing, and promotional costs before other assets of the fund are used.

For a prospective Aw franchisee, this means that while a portion of their gross revenue is contributed to the Marketing Fund, Aw has broad discretion over how those funds are spent. While the Marketing Fund is intended to maximize recognition of the Aw brand, there's no guarantee that expenditures in any specific area will be proportionate to the contributions from franchisees in that area. Franchisees are entitled to receive an annual statement of monies collected and costs incurred by the Marketing Fund upon written request.