Can Bang Cookies reject a franchisee's advertising?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
mit, or regulation.
- (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.
- (6) Franchisee and Owners agree to comply with, and/or to assist Franchisor to the fullest extent possible in Franchisor's efforts to comply with Anti-Terrorism Laws (as defined below). In connection with such compliance, Franchisee and each Owner certify, represent, and warrant that Franchisee's or any Owner's property or interests is not subject to being "blocked" under any of the Anti-Terrorism Laws, and Franchisee and each Owner are not otherwise in violation of any of the Anti-Terrorism Laws.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies' 2024 Franchise Disclosure Document, Bang Cookies has the unilateral right to reject any and all advertising relating to the franchised business, Bang Cookies, the System, Bang Cookies Shops, and/or using the Licensed Marks. This means that even if a franchisee creates advertising materials, Bang Cookies can prevent them from being used.
Bang Cookies also reserves the right to reject any and all marketing efforts requested by the franchisee. Bang Cookies can also prescribe all marketing, marketing media, marketing channels, promotions, copy, creative, and messaging that the franchisee may or may not use in the marketing of the franchised business. This gives Bang Cookies significant control over how the Bang Cookies brand is presented and marketed by its franchisees.
Prior to opening, a franchisee must submit their grand opening marketing plan to Bang Cookies for review and approval. The franchisee can only use the portions of the grand opening marketing that are pre-approved by Bang Cookies and consistent with Bang Cookies' standards and specifications. Not less than 30 days prior to opening, the franchisee must spend not less than $10,000 to market and promote the grand opening of the franchised business in accordance with Bang Cookies' standards and specifications. This ensures that the grand opening marketing aligns with the brand's overall strategy and image.