What standards must Bang Cookies franchisees adhere to regarding advertising and promotion of their franchised business?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
Franchisor reserves the right to reject any and all marketing efforts requested by Franchisee and to prescribe all marketing, marketing media, marketing channels, promotions, copy, creative, and messaging that Franchisee may or may not use in Franchisee's marketing of the Franchised Business. Franchisee further agrees that:
- (1) In addition to calendar year quarterly reports, Franchisee shall provide Franchisor with monthly reports documenting Franchisee's marketing initiatives, expenses incurred, placements secured, and other metrics and financial information as designated by Franchisor;
- (2) Prior to opening the Franchised Business, Franchisee shall submit to Franchisor, Franchisee's grand opening marketing plan for review and approval by Franchisor. Franchisee shall use only those portions of its grand opening marketing that are pre-approved by Franchisor and consistent with Franchisor's standards and specifications. Not less than 30 days prior to the opening of the Franchised Business, Franchisee shall spend not less than $10,000 to market and promote the grand opening of the Franchised Business in accordance with Franchisor's standards and specifications;
- (3) At all times, Franchisee's marketing efforts and the distribution of each marketing channel and media engaged by Franchisee must be directly targeted to Franchisee's Designated Territory. Franchisee shall not direct or target Franchisee's marketing efforts with the purpose or effect of soliciting or attracting customers outside of Franchisee's Designated Territory. To the extent that Franchisee's marketing efforts involve a marketing medium or distribution channel that is targeted to Franchisee's Designated Territory but reaches outside of and beyond Franchisee's Designated Territory Franchisor, in Franchisor's Reasonable Business Judgment, shall have the right to direct and require Franchisee to discontinue such marketing; and
(4) At all times, Franchisee hereby grants to Franchisor the right, without compensation to Franchisee, to use Franchisee's name, address, photograph, and biographical information in any publication related to the System, including in relation to the sale of Bang Cookies Shop franchises.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies' 2024 Franchise Disclosure Document, franchisees must ensure that all advertising and promotion of their franchised business is completely factual, conforms to the highest standards of ethical advertising, and aligns with Bang Cookies' standards and specifications. Franchisees must avoid any business, advertising, or personal conduct that could harm Bang Cookies, the System, or its Licensed Marks. Bang Cookies retains the right to reject any advertising related to the franchised business, Bang Cookies itself, the System, or the use of Licensed Marks.
Bang Cookies also reserves the right to reject any marketing efforts requested by the franchisee and to dictate all marketing-related aspects, including media, channels, promotions, copy, creative content, and messaging. Franchisees are required to provide monthly reports documenting their marketing initiatives, expenses, placements, and other metrics as specified by Bang Cookies. Before opening, franchisees must submit a grand opening marketing plan for Bang Cookies' review and approval and spend at least $10,000 on marketing and promoting the grand opening according to Bang Cookies' standards.
Furthermore, all marketing efforts must be targeted to the franchisee's designated territory, and Bang Cookies has the right to require franchisees to discontinue marketing efforts that extend beyond this territory. Bang Cookies is also granted the right to use the franchisee's name, address, photograph, and biographical information in any publication related to the System without compensating the franchisee. These stipulations ensure that Bang Cookies maintains control over its brand image and marketing strategies, while franchisees must adhere to these standards and seek approval for their marketing initiatives.