What articles of the Bambu Franchise Agreement pertain to advertising requirements for franchisees?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | |
|---|---|---|---|---|---|
| Type of Expenditure | Amount (Low) | Amount (High) | Method of Payment | When Due | To Whom Payment Is To Be Made |
| Development Fee (See Notes 1 and 2) | $19,000 | $19,000 | As incurred | Upon execution of the MUD Agreement | Us |
| Additional Amount | $20,000 | $20,000 | As Incurred | Upon execution | Us |
| Due for Initial | of the | ||||
| Franchise Fee | Franchise | ||||
| (See Notes 1 and 2) | Agreement | ||||
| Estimated Initial Investment Expenses Noted in Chart A Minus the Initial Franchise Fee noted in Chart A | $110,000 | $279,000 | See Chart A | See Chart A | Various – See Chart A |
| TOTAL | $149,000 | $318,000 | |||
| ESTIMATED | |||||
| INITIAL | |||||
| INVESTMENT | |||||
| (See Notes 3 and 4) |
Explanatory Notes
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- This chart shows the estimated initial investment for the right to develop each additional Bambū shoppe associated with a MUD Agreement. Typically, a franchisee will commit to develop one or two additional shoppes, in addition to their initial Bambū shoppe, but you may acquire the right to open more than two additional Bambū shoppes under the MUD Agreement.
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- The Initial Franchise Fee for each Bambū shoppe to be opened under the MUD Agreement is $39,000. At the time you sign the MUD Agreement, you will pay a Development Fee of $19,000 times the number of additional Bambū shoppes to be developed and opened under the MUD Agreement after your first Bambū shoppe. We will apply $19,000 of the total amount of the Development Fee to the Initial Franchise Fee for each additional shoppe you open. The remainder of the Initial Franchise Fee due for the second and subsequent Bambū shoppe is due upon execution of the Franchise Agreement for that shoppe, but no later than the deadline set forth in the MUD Agreement for signing the Franchise Agreement related to that shoppe.
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- We provide training for each Bambū shoppe, which will be scheduled after you pay the Initial Franchise Fee in full.
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- The estimates given in this chart are based on our estimates for a Bambū shoppe as of the date of this Disclosure Document. However, typically the opening of each additional Bambū shoppe opened under a MUD Agreement will occur between six and 12 months after the opening of the most recently opened prior shoppe. The initial investment for each Bambū shoppe to be developed under the MUD Agreement will vary based on the costs of the various expenditures noted in Chart A at the time you develop and open each additional shoppe and are subject to change based on developments in the franchise system, the industry, and the economy as a whole. None of the fees or costs estimated in the chart above are refundable, except that deposits to third parties may be refundable.
ITEM 8
RESTRICTIONS ON SOURCES OF PRODUCTS AND SERVICES
Operations
You must establish, maintain and operate your Bambū shoppe in compliance with your Franchise Agreement. You must comply with the mandatory standards and specifications contained in our confidential Owner Operations Manual and policy releases, which are available through our Franchisee Resource Center ("FRC"). After you sign the Franchise Agreement, you will be given login credentials and access to the FRC at www.bambufrc.com. In addition to our Owner Operations Manual, the FRC contains Training Materials, our FRC Blog, FRC Forum, notices, marketing materials, art work, health compliance plan and information, and ordering platform, as well as other manuals, technical and news bulletins, and other written or electronic materials for operating a Bambū shoppe (collectively, "FRC Materials"). We may modify the FRC Materials in our discretion. We provide you with our mandatory and suggested standards and specifications for the menu items and retail products and related programs offered at or through your Bambū shoppe. Mandatory items include menu items and nutritional information, finishes, counter, POS/merchant service system, loyalty rewards program equipment, logoed paper products, uniforms, insurance, advertising materials, equipment, certain supplies and reports. You must obtain our prior written approval of your final plan, signage, and interior design. The FRC Materials are designed to protect our reputation, and promote the brand and goodwill of the Marks; they are not designed to control the day-to-day operations of your Bambū shoppe. You must comply with these standards and specifications, including the terms of any mandatory product recall promptly upon receipt of notice from us of such recall.
One of our primary methods of communication with our franchisees is by small message service via email, text messages, or other electronic methods ("SMS"). Any standards and specifications communicated by SMS are deemed part of the FRC Materials, and you are required to comply with them.
Shoppe Lease and Build-Out
We will assist you with negotiations of the LOI for the lease for your Franchised Location and in the lease negotiations and review. Our assistance involves suggestions and recommendations concerning the terms and conditions of the LOI and the lease provisions. It ultimately is your responsibility, however, to negotiate and accept the final terms of these documents. We will review and provide our suggestions to any lease or sublease ("Lease") for the Franchised Location of your shoppe before you sign the Lease. In particular, the Lease must include a use clause acceptable to us and signage criteria that provides for adequate branding of the Bambū name. Our involvement in the negotiation and approval of the lease for the Franchised Location does not constitute a recommendation, endorsement or guarantee by us of the suitability or profitability of the location or the lease, and you will need to take any additional steps necessary to
ascertain whether such location and lease are acceptable to you, which may include engaging your own legal counsel. A copy of any signed Lease must be delivered to us within 15 days after you sign it.
Once a lease is signed, you will need to obtain permits and begin construction of the shoppe as quickly as possible in order to avoid paying rent before your Bambū shoppe is open for business. This will require, in most instances, retaining an architect and general contractor at or before the lease is signed. You must obtain our prior written consent of your architect and general contractor. We will not withhold our approval of the architectural firm or general contractor provided they can demonstrate they have sufficient expertise in commercial retail design work to ensure that the plans, approvals and permits are obtained and overview of the project is accomplished. If we do not approve your designated architect or general contractor, we may require that you engage an architectural firm or general contractor designated by us.
We will assist you in development of a required kitchen workflow design, including the specific equipment specifications required for use in your shoppe. We will also provide a style guide of recommended finishes and colors, materials, furniture, fixtures, counter and décor for you to use in designing the layout for the Franchised Location. You are required to obtain our approval of your choice of colors and furniture. We will provide you a rough shoppe workflow layout and equipment schedule after you have entered into the letter of intent ("LOI") for your Franchised Location at or about the time you sign the lease, provided that you have entered into the Franchise Agreement prior to signing the lease and we are provided with sufficient information about the space to assist with creating a layout of the space. You must consult with us, and we must approve your shoppe layout, equipment layout, mechanical drawings, and construction documents, which cannot be changed without our prior written approval. You must, at your expense, construct, convert, design, decorate and furnish the Franchised Location in accordance with the final plans and specifications we have approved. You are required to prepare final architectural drawings for our approval based on our standards and specifications. We must approve the drawings prepared by your selected architect submitting to us the final drawings of the layout and proposed improvements to the Franchised Location for our review and approval before those materials are submitted for permitting and construction begins. The approval by us of drawings, layout, or other construction documents related to the Franchised Location does not constitute a recommendation, endorsement or guarantee by us of the suitability or profitability of the location, layout, or design of your Franchised Location. You cannot change the plans once we approve them, without our prior written approval. If you change the plans or the construction of your shoppe without our knowledge or prior written approval, we may require you to conform your shoppe to the approved plans before you can open the shoppe for business to the public. We may require you to use the services of a company that will supervise the buildout of your Bambū shoppe if, in our sole discretion, we determine that the architect or contractor that you intend to use has insufficient knowledge and experience to build a Bambū shoppe.
If you have already signed a lease or sublease, you have already purchased a location for your shoppe, or you are upfitting or adding a Bambū shoppe to a current restaurant location when you sign the Franchise Agreement, our execution of the Franchise Agreement does not imply that we approve of any particular location.
Programs and Reports
Unless we approve your use of a similar application, you will be required to use the QuickBooks accounting application. These applications have payroll services and direct deposit capability for your employees. You will be required to provide us with monthly financial statements, including a monthly Profit and Loss Statement and Balance Sheet, and sales, labor and inventory reports. We will review your financial statements with you each month. You will be required to use a scheduling application for your employees. Unless we approve your use of a similar application, you will be required to use the Homebase human resource application.
POS System, Merchant Service, Software and Other Technology
You are required to purchase a point-of-sale system, including hardware to service our loyalty rewards program, that meets our specifications. The point-of-sale system that we currently require is the Square bundled system (defined in Item 11 as the "POS System"). It contains the required supporting hardware and software applications, which has the capability of facilitating our system-wide customer loyalty rewards program and has built in merchant software for both shoppe and hands-free online ordering credit card processing and customer tipping. You will pay the provider of the POS System monthly fees for maintenance and updates. Currently, we derive no revenue from your purchase of the POS System, although we reserve the right to derive revenue from your purchase and license of the POS System or any proprietary software, if and when we develop our own proprietary system or software and license them to you. See Items 7 and 11. We may require you to use a new or different point-of-sale system in the future, in which case you must convert your POS System to the new system. You must own a smartphone or other mobile device with access to the Internet enabling you to communicate via SMS. Additionally, we require that you login to, regularly access, and fully participate in our FRC, which includes communicating with other franchisees and with us. We may also require you to purchase additional hardware equipment, software and possible subscriptions to online applications meeting our minimum specifications in the future at your expense. Your participation and your communications on our FRC are governed by the standards, specifications and guidelines we establish from time to time. See Items 7 and 11.
Social Media
You will also be provided with a social media platform called Rallio for posting to Instagram and Facebook as well as for connections to Yelp and Goggle Bambu pages. You will be able to use Rallio to respond to comments on Yelp and Goggle and to provide information on views of social media postings. The fee for Rallio is paid through the Marketing and Technology Fee. At your election and for an additional fee that you will pay directly to Rallio, you can use Rallio for other social media marketing.
Purchases From Designated or Approved Sources
In order to maintain the quality and uniformity of Bambū shoppe products and certain of the programs you offer, you must purchase all products including raw and prepared ingredients, food items, shoppe supplies, and programs offered, used, sold or leased through your Bambū shoppe or otherwise required for the operation of your Bambū shoppe from suppliers or distributors designated or approved by us. We reserve the right to designate a single approved supplier or distributor, including us or our affiliates, for any of these items or other items. In particular, we currently have designated suppliers and distributors for our proprietary jellies, powders, syrups, coffee, tea, designated food and beverage products, and other proprietary food items as well as logoed cups and other branded material that we may develop from time to time ("Proprietary Items"). The designated supplier or distributor may vary depending on the location of your business. Currently, neither we nor any of our affiliates are a designated single approved supplier of any items offered, used, sold or leased by our franchisees, although we facilitate the ordering and payment with one of our designated suppliers. Further, no officer of ours owns any interest in any of our approved or designated suppliers or distributors. We reserve the right to change any designated supplier or change, reduce or add to the list of items subject to designated supplier arrangements. You must execute any agreement as may be reasonably required by a designated supplier or distributor and establish the appropriate credit terms with it.
On or before commencement of the onsite portion of the Training Program, we will make available to you a list of our approved suppliers, the standards and specifications for items to be used, sold or leased by you through your Bambū shoppe. The list of approved suppliers that will apply for your Bambū shoppe will vary depending on your Franchised Location within our national distribution network.
We derive revenue from our sales of Proprietary Items to our franchisees. In the fiscal year ended December 31, 2024, we derived revenue of $684,500 or approximately 25.4 percent of our total revenues of $2,694,689, from franchisee purchases. See our financial statements in Item 21. In the fiscal year ended December 31, 2024, our affiliates did not derive revenues from sales of products or services to our franchisees, but we may have affiliates who do so in the future. We did not derive any revenue from the lease of any products or services to our franchisees in the fiscal year ended December 31, 2024, but we reserve the right to do so in the future.
We estimate that the costs of your purchases from designated or approved sources, or according to our standards and specifications, may range from 3 percent to 10 percent of the total cost of establishing a Bambū shoppe and approximately 15 percent to 20 percent of the total cost of operating a Bambū shoppe after that time
If you want to purchase or use any inventory, products, equipment, supplies, materials, services or programs we have not approved, or purchase or lease these items from a supplier who we have not approved, you must notify us in writing and obtain our approval in advance. The notification should include sufficient specifications, photographs, drawings and other information and samples to determine whether those items or those suppliers meet our specifications. You must pay us a fee of $150 per hour per person in our testing and investigation, and reimburse us for the actual cost of any testing and the reasonable cost of investigation, to determine whether those items or suppliers meet our specifications. We will notify you of our decision within 30 days of receipt of your written request. We may reject a proposed supplier on any basis in our discretion, including for purposes of protecting our trade secrets from third parties or on the basis of the terms offered to us or our franchisees from the proposed supplier compared to any current designated or approved supplier. We do not have written criteria for supplier approval, and therefore such criteria are not provided to our franchisees. If we establish written criteria, we reserve the right to change any criteria regarding any approved supplier or any inventory, equipment, supplies, or services used, offered for sale or leased by franchisees and you must comply with such changes within 10 days following written notice from us.
We do not provide material benefits, such as renewal or granting additional franchises to franchisees based on your use of designated or approved sources or suppliers.
Other than the requirements above, franchisees are not currently obligated to purchase or lease any goods, services, supplies, fixtures, equipment, inventory or real estate from us or any other specifically designated source.
Customer Loyalty Rewards Program
Except as prohibited or limited by law, you must, at your sole cost, fully participate in our customer loyalty rewards program, and all promotional campaigns, prize contests, social media programs, special offers, discount programs, and other programs, whether international, national, regional, or local in nature, which we prescribe. In addition, at your sole cost, you must honor any coupons, customer loyalty rewards program points or credits, discounts, or other authorized promotional offers that we prescribe for the franchise system, unless we agree otherwise. You must follow the guidelines set forth in the FRC Materials with respect to your obligations and responsibilities under these programs. We reserve the right to require you to purchase and utilize processing equipment and software designated by us to implement any of these programs.
Insurance
You must procure, maintain and provide evidence of certain types and amounts of insurance coverage described in the FRC Materials. These types of insurance include comprehensive general liability, products
liability, unemployment and worker's compensation, personal property, business interruption, owned and non-owned auto liability and builder's risk coverage and an umbrella policy. We recommend that you also carry employee dishonesty insurance. If you fail to purchase the required insurance, we may demand that you cease operations or obtain insurance for you and you must reimburse us for the cost of the insurance. All insurance policies must name us as an additional insured and give us at least 30 days prior written notice of termination, amendment or cancellation. You also must provide us with certificates of insurance evidencing your insurance coverage before the opening of your shoppe, upon any changes in the coverage that we require, and at least 30 days' prior to the expiration of any existing policies. You must furnish us with copies of all required insurance policies or other evidence of insurance coverage and payment of premiums as we request from time to time. We reserve the right to require you to change the types and amounts of insurance you are required to maintain upon 60 days' prior written notice to you.
Purchasing Arrangements
We have purchasing arrangements to provide our franchisees with proprietary and designated food and drink items. You must participate in these arrangements; however, you should not at any time rely on the continued availability of any particular pricing arrangement, nor the availability of any particular product or brand in deciding whether to purchase the franchise.
If we designate another third party supplier and then establish a discount buying program or similar arrangement with the designated supplier of a product or menu item that you sell in your shoppe, we reserve the right to derive revenue from your purchases of such products or menu items.
We and our affiliates have the right to receive payments from suppliers on account of their dealings with you and franchisees.
We have an agreement with the approved suppliers for the Proprietary Items for our franchisees, which provides that we will receive between 4 and 10 percent of the amount paid to the supplier by our franchisees for purchases depending on our required commitment to the suppliers. We reserve the right to receive other payments from these and other designated suppliers in the future. We and our affiliates may retain the credit of any rebate, incentive or volume discounts received as a result of your purchases and are not required to share it with our you or our other franchisees.
ITEM 9
FRANCHISEE'S OBLIGATIONS
This table lists your principal obligations under the Franchise Agreement, Multi-Unit Development Agreement and other agreements. It will help you find more detailed information about your obligations in these agreements and in other items of this Disclosure Document.
| Obligation | Section in Agreements | Disclosure Document Item |
Source: Item 9 — Franchisee's Obligations (FDD pages 26–28)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, a franchisee's obligations regarding advertising are detailed within specific articles of the Franchise Agreement. Specifically, Articles 12 and 13 of the Franchise Agreement outline the advertising requirements for Bambu franchisees. These obligations are further referenced in Items 6, 7, and 11 of the Disclosure Document, which likely provide additional context or details related to these advertising responsibilities.
For a prospective Bambu franchisee, this means that understanding Articles 12 and 13 of the Franchise Agreement is crucial. These sections will likely cover what advertising activities a franchisee is permitted or required to undertake, any restrictions on advertising content or methods, and the process for obtaining franchisor approval for advertising materials. Item 6 typically covers fees, so it may relate to advertising fees. Item 7 usually covers initial investment, which may include initial advertising expenses. Item 11 generally covers the franchisor's assistance, advertising, computer systems, and training.
It is important for potential franchisees to carefully review these articles and related items in the FDD to fully understand their obligations and the franchisor's expectations regarding advertising. This includes understanding any required contributions to advertising funds, restrictions on local advertising, and requirements for using approved vendors or materials. A clear understanding of these obligations is essential for effectively marketing the Bambu franchise and ensuring compliance with the franchise agreement.