What are the required actions for Bambu regarding the administration of the Marketing and Technology Fund?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
We administer the Marketing and Technology Fund in our sole discretion. The Marketing and Technology Fund may be used for applications that promote Bambū shoppes, such as loyalty programs and other specialized applications that can add business to the shoppes, such as catering and charitable events. The Marketing and Technology Fund proceeds may also be used for researching, preparing, maintaining, administering and directing advertising and promotional materials and public relations programs, including production of commercial print, radio, television, magazine, newspaper, Internet advertising, direct response literature, direct mailings, brochures, collateral materials advertising, surveys of advertising effectiveness, Franchisee Advisory Council expenses, convention expenses, social media marketing, and other advertising or public relations expenditures, for any international, national, or regional media. We may also use the Marketing and Technology Fund to pay for the expenses related to researching, developing, implementing, servicing, and operating any technology used in any manner related to the Bambū franchise system or the Bambū shoppes, including any technologies utilized in or related to our website, search engine optimization, reporting of information for Bambū shoppes, the equipment used in Bambū shoppes, and Bambū shoppe computer systems (collectively, the "Technology"). We do not spend the Marketing and Technology Fund's money on soliciting franchisees.
We may reimburse ourselves from the Marketing and Technology Fund for administrative costs, salaries and overhead expenses related to the administration of the Marketing and Technology Fund and its programs, including conducting market research, preparing material, collecting and accounting for Marketing and Technology Fund contributions, providing any services related to any Technology, and all costs and expenses related to the Franchisee Advisory Council discussed below. In any fiscal year we may spend an amount greater or less than the aggregate contribution of all Bambū shoppes to the Marketing and Technology Fund in that year. The Marketing and Technology Fund may borrow from us or other lenders to cover deficits or cause the Marketing and Technology Fund to invest any surplus for future use. Any amounts remaining in the Marketing and Technology Fund at the end of each year accrue and we apply them toward the next year's expenses. We do not guarantee that advertising expenditures from the Marketing and Technology Fund will benefit you or any other franchisee directly or on a pro rata basis. The Marketing and Technology Fund is not a trust fund, and we do not owe a fiduciary duty to you with respect to the maintenance, direction, or administration of the Fund. We assume no other direct or indirect liability or obligation to you for collecting amounts due to any marketing account or for maintaining, directing or administering any advertising account.
Source: Item 11 — Franchisor's Assistance, Advertising, Computer Systems, and Training (FDD pages 28–38)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, Bambu administers the Marketing and Technology Fund at its sole discretion. The funds may be used to promote Bambu shoppes through loyalty programs, catering, and charitable events. Additionally, the funds can be allocated to create and manage advertising and promotional materials, public relations programs, and for various media such as print, radio, television, internet, and direct mail. These efforts can target international, national, or regional audiences.
Bambu may also use the Marketing and Technology Fund to cover expenses related to researching, developing, implementing, servicing, and operating any technology used within the Bambu franchise system or the Bambu shoppes. This includes technologies related to the website, search engine optimization, information reporting, equipment, and computer systems. Bambu explicitly states that the Marketing and Technology Fund will not be used to solicit new franchisees.
Bambu has the right to reimburse itself from the Marketing and Technology Fund for administrative costs, salaries, and overhead related to managing the fund and its associated programs. This includes expenses for market research, material preparation, collecting and accounting for contributions, providing technology-related services, and covering costs related to the Franchisee Advisory Council. Bambu is not obligated to ensure that advertising expenditures from the fund will directly benefit any specific franchisee or on a pro rata basis, and the fund is not treated as a trust fund, meaning Bambu does not owe a fiduciary duty to franchisees regarding the fund's maintenance, direction, or administration.