Is a Baya Bar franchisee required to participate in all advertising and sales promotion programs developed by the franchisor?

According to Baya Bar's 2024 Franchise Disclosure Document, franchisees are required to participate in all advertising and sales promotion programs developed by the franchisor. The FDD states that the franchisee must participate in these programs according to the terms and conditions established by Baya Bar. These terms include the type, quantity, timing, placement, and choice of media, market areas, and advertising agencies. Baya Bar's standards and specifications are final and binding on the franchisee.

This means that a Baya Bar franchisee has limited control over the advertising and promotional activities for their specific location. While franchisees may propose their own advertising and marketing concepts, Baya Bar must approve them. If Baya Bar fails to respond within ten business days, the plans are deemed disapproved. Franchisees must discontinue using any advertising or promotional materials if notified by Baya Bar, even if previously approved.

Baya Bar also provides samples or digital artwork of advertising and promotional materials for franchisees to use in local advertising. This suggests that while franchisees must participate in the franchisor's programs, they also have some opportunity to engage in local marketing efforts, although these efforts remain subject to Baya Bar's oversight and approval. Any advertising concepts developed by a franchisee and approved by Baya Bar can be used by other franchisees in the system without compensation to the original franchisee.