Who administers the Brand Fund for Benjamin Franklin Plumbing?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
chisees under previous forms of Franchise Agreement may contribute at other rates. Company-Owned Outlets will contribute to the Brand Fund on the same basis as new franchisees.
The purpose of the Brand Fund is to support general development and recognition of the BENJAMIN FRANKLIN PLUMBING brand. We will have the right to direct all advertising, marketing, public relations, and other activities to promote, develop and enhance the brand, with final discretion over strategic direction, creative concepts, materials, endorsements, geographic market, and media allocation. We or our affiliate administer the Brand Fund. We may use the Brand Fund to pay costs and expenses as we determine in our sole discretion, including but not limited to: production of video, audio, written, online and mobile marketing materials; purchasing promotional items; sponsorship of sporting, charitable, or similar events; design, establishment, and maintenance of websites, social media, mobile applications and other electronic marketing; implementation of advertising programs, in-store promotions, direct mail, and media advertising; marketing and sales training; employing advertising agencies; conducting public relations, consumer research, product development, product testing, and test marketing programs; developing and implementing trade dress and design prototypes; fulfillment charges; salaries and expenses of our and our affiliates' employees working for or on behalf of the Brand Fund; fees of accounting firms, design firms, public relations firms, consultants and ad agencies; legal fees for advertising pre-clearance, defense of false advertising claims, and defense of any claims made regarding our administration of the Brand Fund; other administrative costs and overhead incurred in activities related to the administration and activities of the Brand Fund; and interest on any monies borrowed by the Brand Fund.
Our marketing and advertising department will prepare advertising, marketing, and related materials and programs. We will make available to you any creative materials financed by the Brand Fund. If you request specific materials to be produced or customized for you, then once you approve the requested materials, you must pay or reimburse us for any costs to reproduce the materials and/or to customize the materials for your use.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 46–57)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing FDD, the Brand Fund is administered either by the franchisor or one of its affiliates. The Brand Fund is used to support the general development and recognition of the Benjamin Franklin Plumbing brand. The franchisor has the right to direct all advertising, marketing, public relations, and other activities to promote, develop, and enhance the brand, with final discretion over strategic direction, creative concepts, materials, endorsements, geographic market, and media allocation.
The franchisor has broad discretion over how the Brand Fund is used, including paying for various marketing and administrative expenses. These expenses can include the production of marketing materials, website maintenance, advertising programs, marketing and sales training, and the salaries and expenses of employees working on behalf of the Brand Fund. The franchisor also has the right to incorporate, replace, change, or dissolve the Brand Fund.
While franchisees contribute to the Brand Fund, they do not have the right to reduce or withhold contributions based on any alleged lack of benefits to their specific franchise. The franchisor is not obligated to ensure that any particular franchisee benefits directly or proportionally from the Brand Fund's expenditures. Although the Brand Fund is not independently audited, the franchisor prepares an annual unaudited statement of contributions to and expenditures of the Brand Fund, which franchisees can request in writing.
For the calendar year ended December 31, 2024, the largest portion of Brand Fund expenditures (42%) was allocated to National Advertising & Programs, with other significant allocations to Marketing Support (11%), Creative Production (24%), and Other (19%). Public Relations accounted for 4% of the expenditures. None of the Brand Fund amounts are used for marketing that is principally a solicitation for the sale of franchises.