factual

Is Bang Cookies required to conduct any advertising on behalf of the franchise system?

Bang_Cookies Franchise · 2024 FDD

Answer from 2024 FDD Document

r submission of the written request and sample marketing materials. We are not required to spend any amount on your behalf on advertising in your designated territory and we are not required to conduct any advertising on behalf of the franchise System or on your behalf. (Franchise Agreement, Article 9);

    1. Local Marketing You are not authorized to engage in any marketing unless it is pre-approved by us, in our discretion. (Franchise Agreement, Article 9.B.). On an on-going calendar year quarterly basis, you must spend not less than 2% of your quarterly Gross Sales on the local marketing of your Shop. We will review your local marketing programs and notify you if we approve same. We will make available to you and provide you with access, in the form of a source document, to our approved marketing campaigns, media, and messaging that may be used by you. In those instances where we provide you with access to our marketing campaigns, we provide you with the source designs, copy, and design specifications. However, you will incur the direct costs associated with customizing, duplicating and using such marketing campaigns and in having them printed, distributed and/or placed with media sources. (Franchise Agreement, Article 9);
    1. Digital Media and Website All digital media and marketing must be approved by us. We will designate for your Designated Territory information about your Shop on the www.bangcookies.com webpage or such other websites as we may designate for the System. (Franchise Agreement, Article 9);
    1. Brand Development Fund We may control and administer a brand development fund (the "Brand Development Fund") (Franchise Agreement, Article 9.A.). As disclosed in Item 6 of this Disclosure Document, you must contribute a weekly sum not to exceed 2% of weekly Gross Sales to the Brand Development Fund. We may use the Brand Development Fund for market studies, research, service development, product development, testing, research studies, technology development, advertising and public relations studies or services, creative production and printing of advertising and marketing materials, advertising copy and commercials, tracking costs, agency fees, administrative costs, which may include reimbursement for direct administrative and personnel costs associated with advertising and public relations, and any other costs associated with the development, marketing and testing of advertising, marketing and public relations materials, and the purchase of media placement, advertising time and public relations materials in national, regional or other advertising and public relations media in a manner determined by us, in our discretion, to be in the best interest of the franchisees and the System. Our company and/or affiliate owned Shops may but are not required to contribute to the Brand Development Fund. The Brand Development Fund will maintain unaudited financial records detailing its expenditures and will make available to you, no more frequently than one time in any 12 month period, an unaudited accounting of how monies contributed to the Brand Development Fund were spent each year. We are not required to segregate the Brand Development Fund from our general operating funds and we are not a fiduciary or trustee of the Brand Development Fund.

Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 29–36)

What This Means (2024 FDD)

According to Bang Cookies's 2024 Franchise Disclosure Document, Bang Cookies is not required to conduct advertising on behalf of the franchise system. However, Bang Cookies may choose to administer a brand development fund. If Bang Cookies establishes a local or regional advertising cooperative that includes a franchisee's shop, the franchisee must contribute to the cooperative in the amounts and frequency determined by the cooperative.

Bang Cookies may use the brand development fund for market studies, research, service and product development, testing, advertising and public relations, creative production and printing of advertising and marketing materials, advertising copy and commercials, tracking costs, agency fees and administrative costs. Bang Cookies will not use the Brand Development Fund to directly market the sale of Shops, but may do so indirectly by including information as to the availability of Shop franchises for sale and contact information for franchise inquiries on and within advertising, marketing and brand development materials, including the System website, developed with the Brand Development Funds.

Franchisees are required to spend a minimum of 2% of their quarterly gross sales on local marketing for their shop. All marketing, materials, and mediums used by franchisees must be pre-approved by Bang Cookies. Franchisees can utilize approved marketing templates at their own expense, and Bang Cookies may designate information about the franchisee's shop on the www.bangcookies.com webpage.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.