What is the Brand Fund contribution used for in a Benjamin Franklin Plumbing franchise?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
with evidence of all required insurance coverage and payment of premiums at the times we require. At least thirty (30) days before each insurance policy expires, you are required to furnish a copy of renewal or replacement insurance and evidence of payment of the premium. Your obligation to obtain coverage is not limited by insurance that we maintain.
- 9.2. Changes. We have the right to increase the amounts of insurance coverage required and to require different or additional kinds of insurance. If you do not have the insurance required by this Agreement, we have the right (but no obligation) to obtain insurance on your behalf. If we do so, you agree to reimburse us for the cost of insurance, plus a reasonable fee for our services.
10. MARKETING AND ADVERTISING
10.1. Acknowledgments. You acknowledge the importance of standardization of marketing and advertising programs to the goodwill and public image of the System, the Marks, and Franchised Businesses generally. You further acknowledge our rights in this Section to modify advertising, marketing and public relations programs and the manner in which marketing and advertising funds are used from time to time.
- 10.2. Brand Fund. You are required to contribute to the Brand Fund as provided in Section 7.3. The purpose of the Brand Fund is to support general recognition of the Franchised Businesses and the Brand. The Brand Fund will operate as follows:
- 10.2.1 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, the materials and endorsements to be used, and the geographic market and media placement. 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 employees of Franchisor and affiliates 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 preclearance, defense of false advertising claims, and defense of any claims made regarding our administration of the Brand Fund;
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, the Brand Fund exists to support general recognition of the franchised businesses and the brand.
The franchisor has the right to direct all advertising, marketing, public relations, and other activities to promote, develop, and enhance the brand. They have final discretion over strategic direction, creative concepts, the materials and endorsements to be used, and the geographic market and media placement. The franchisor may use the Brand Fund to pay for a wide variety of costs and expenses. These include the production of marketing materials (video, audio, written, online, and mobile), purchasing promotional items, sponsoring events, designing and maintaining websites and social media, implementing advertising programs, marketing and sales training, employing advertising agencies, conducting public relations, consumer research, product development, product testing, and developing trade dress and design prototypes.
The Brand Fund can also cover fulfillment charges, salaries and expenses of employees working for the Brand Fund, fees for various firms and consultants, legal fees, administrative costs, overhead, and interest on borrowed monies. The franchisor will make available any creative materials financed by the Brand Fund to franchisees. If a franchisee requests specific materials to be produced or customized, they agree to pay or reimburse the franchisor for the costs to reproduce or customize the materials. The franchisor may seek advice from franchisees regarding creative concepts and media used for programs financed by the Brand Fund, but retains final authority on all programs.
The Brand Fund contribution will be calculated for the same period and paid in the same manner as the Royalty Fee. The franchisor has the right to incorporate, replace, change, or dissolve the Brand Fund. If the Brand Fund is dissolved, contributions will stop, but the fund will continue until all remaining funds have been spent.