What must a Bang Cookies franchisee ensure regarding advertising and promotion of the Franchised Business?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
- (5) Franchisee shall, at all times, ensure that all advertising and promotion of the Franchised Business by Franchisee is completely factual and conforms to the highest standards of ethical advertising, and is in conformity with Franchisor's standards and specifications.
Franchisee shall refrain from any business practice, advertising practice, or personal conduct that may be injurious to Franchisor, the System, Bang Cookies Shops, and the Licensed Marks.
Franchisor, in Franchisor's sole discretion, shall possess, among other things, the unilateral right to reject any and all advertising relating to the Franchised Business, Franchisor, the System, Bang Cookies Shops and/or using the Licensed Marks.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, a franchisee must ensure that all advertising and promotion of the Franchised Business is completely factual, conforms to the highest standards of ethical advertising, and aligns with Bang Cookies's standards and specifications. The franchisee must also avoid any business, advertising, or personal conduct that could harm Bang Cookies, the System, Bang Cookies Shops, or the Licensed Marks. Bang Cookies retains the right to reject any advertising related to the Franchised Business, Bang Cookies itself, the System, Bang Cookies Shops, or the use of Licensed Marks.
Prior to opening, a Bang Cookies franchisee must submit a grand opening marketing plan to Bang Cookies for review and approval. The franchisee can only use pre-approved portions of the plan that are consistent with Bang Cookies's standards. At least 30 days before opening, the franchisee must spend a minimum of $10,000 on marketing and promoting the grand opening, adhering to Bang Cookies's standards and specifications.
The franchisee's marketing efforts must be targeted to their Designated Territory. Franchisees cannot intentionally solicit customers from outside their territory. If marketing efforts inadvertently reach beyond the Designated Territory, Bang Cookies has the right to require the franchisee to discontinue such marketing. Bang Cookies also reserves the right to prescribe all marketing, marketing media, marketing channels, promotions, copy, creative, and messaging that the franchisee may or may not use in their marketing of the Franchised Business.
Furthermore, the franchisee must provide Bang Cookies with monthly reports documenting their marketing initiatives, expenses, placements, and other metrics and financial information as required by Bang Cookies. Bang Cookies also has the right to use the franchisee's name, address, photograph, and biographical information in any publication related to the System, including those related to the sale of Bang Cookies Shop franchises, without compensating the franchisee.