Is an Azal Coffee franchisee allowed to solicit business through catalogs?
Azal_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
We have the right to set advertising policies and procedures that you must follow. These advertising policies and procedures may include required promotions, limiting marketing to a certain area so that you are not directing marketing to another franchisee's area, and limiting the type of marketing that you may use.
All advertising by you in any medium, including signage, must be factual and dignified, must conform to our standards and specifications, and to the highest standards of ethical advertising practice, and must be approved by us in writing before it is used. You must submit to us for approval all marketing and promotion materials, including signage, prepared by you for the Franchise Business and not prepared by or previously approved by us. These materials must be submitted at least thirty (30) days before use. If we do not approve advertising submitted to us in writing within the thirty (30) day period, the advertising shall be deemed disapproved. We have the right to disapprove the use of any advertising materials by you at any time. You must discontinue the use of advertising materials immediately on receipt of our written notice, even if we previously approved the use of advertising materials. You must not use any advertising materials not approved by us. You agree to refrain from any business or advertising that may be injurious to our business, or the goodwill associated with the Franchise Marks and Franchise Systems and other Stores.
If specified by us, all of your advertising must contain notices of: (a) our website domain name or other Digital Marketing specified by us; (b) our toll-free telephone number; and/or (c) a statement regarding the availability of Azal Coffee franchises. To the extent possible, you must include the following language in all advertising: "Each Azal Coffee is independently owned and operated." All materials containing our proprietary Marks must include the designation service mark SM, trademark TM, registered trademark ®, copyright ©, or any other designation we specify.
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD page 42)
What This Means (2024 FDD)
According to Azal Coffee's 2024 Franchise Disclosure Document, franchisees must adhere to the franchisor's advertising policies and procedures. These policies may include stipulations on the types of marketing a franchisee can use and may limit marketing to a certain area to avoid overlap with other franchisees.
All advertising, including signage, must be factual, dignified, and conform to Azal Coffee's standards. Franchisees must obtain written approval from Azal Coffee for all marketing and promotional materials not already prepared or approved by the company, submitting these materials at least 30 days before use. Failure to receive approval within this period results in automatic disapproval, and Azal Coffee retains the right to disapprove any advertising materials at any time, requiring immediate discontinuation upon written notice, even if previously approved.
Azal Coffee may specify that all advertising includes their website domain name, a toll-free number, or a statement about franchise availability. Additionally, franchisees must include the phrase "Each Azal Coffee is independently owned and operated" in their advertising where possible. All materials using Azal Coffee's proprietary marks must include the appropriate designation (SM, TM, ®, or ©).
While the FDD excerpt specifies various advertising restrictions and requirements, it does not explicitly address whether franchisees are permitted to solicit business through catalogs. A prospective franchisee should seek clarification from Azal Coffee regarding the use of catalogs as a marketing tool to ensure compliance with their advertising policies.