What advertising and promotional materials will Baya Bar provide to franchisees?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
- 10.6 Advertising Materials. Provide samples or digital artwork of certain advertising and promotional materials and information developed by Franchisor from time to time for use by Franchisee in marketing and conducting local advertising for the Franchised Business.
- 13.3.4 Franchisor may use the Brand Fund to satisfy any and all costs of developing, preparing, producing, directing, administering, conducting, maintaining and disseminating advertising, marketing, promotional and public relations materials, programs, campaigns, sales and marketing seminars and training programs of every kind and nature, through media now existing or hereafter developed (including, without limitation, the cost of television, radio, magazine, social media, newspaper and electronic advertising campaigns; direct mail and outdoor billboard advertising; public relations activities; conducting marketing research, employing advertising agencies to assist therein; developing, enhancing and maintaining the Website, social media platforms, apps, and other technology for the benefit of the Baya Bar brand image and/or Systemwide improvements; and staff salaries and other personnel and departmental costs for advertising that Franchisor internally administers or prepares).
While Franchisor does not intend that any part of the Brand Fund will be used for advertising which is principally a solicitation for franchisees, Franchisor reserves the right to use the Brand Fund for public relations, to explain the franchise system, and/or to include a notation in any advertisement indicating "Franchises Available."
- 13.3.6 In administering the Brand Fund, Franchisor undertakes no obligation to make expenditures for Franchisee that are equivalent or proportionate to Franchisee's contribution or to ensure that any particular franchisee benefits directly or pro rata from the production or placement of advertising.
- 14.7.1 Unless otherwise authorized or required by Franchisor, Franchisee shall advertise the Franchised Business only under the Marks "Baya Bar" and design.
Source: Item 22 — CONTRACTS (FDD page 56)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, Baya Bar will provide samples or digital artwork of certain advertising and promotional materials and information developed by them from time to time. These materials are intended for use by the franchisee in marketing and conducting local advertising for their Baya Bar franchise.
In addition to providing advertising materials, Baya Bar may use the Brand Fund to cover the costs of various advertising, marketing, and promotional activities. These activities include developing and disseminating materials through different media channels such as television, radio, magazines, social media, newspapers, and electronic advertising campaigns. The Brand Fund may also be used for direct mail and outdoor billboard advertising, public relations activities, marketing research, and maintaining the Baya Bar website and social media platforms.
Baya Bar reserves the right to use the Brand Fund for public relations purposes, to explain the franchise system, and to include a notation in any advertisement indicating "Franchises Available." The Brand Fund is intended to operate as a conduit for collecting and expending advertising contributions for the Baya Bar system, and it will not be used to defray Baya Bar's general operating expenses, except for reasonable administrative costs and overhead related to the administration of the Brand Fund.
While franchisees contribute to the Brand Fund, Baya Bar does not guarantee that expenditures will be equivalent or proportionate to a franchisee's contribution. Additionally, Baya Bar does not ensure that any particular franchisee will directly or pro rata benefit from the advertising efforts. Franchisees are also required to advertise the Franchised Business only under the Marks "Baya Bar" and design, unless otherwise authorized or required by Baya Bar.