Does Benjamin Franklin Plumbing have final discretion over the strategic direction of the Brand Fund?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
rnish 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;
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Franchise Disclosure Document, Benjamin Franklin Plumbing retains final discretion over the strategic direction of the Brand Fund. Specifically, Benjamin Franklin Plumbing has the right to direct all advertising, marketing, public relations, and other activities to promote, develop, and enhance the Brand. This includes final say over strategic direction, creative concepts, the materials and endorsements to be used, and the geographic market and media placement.
Benjamin Franklin Plumbing may use the Brand Fund to cover a wide array of costs and expenses, including the production of marketing materials (video, audio, written, online, and mobile), promotional items, event sponsorships, website and social media management, advertising programs, in-store promotions, direct mail, media advertising, marketing and sales training, and the employment of advertising agencies. The Brand Fund can also be used for public relations, consumer research, product development, product testing, trade dress development, fulfillment charges, salaries and expenses of Franchisor employees and affiliates working for the Brand Fund, and fees for various professional services (accounting, design, public relations, consulting, and legal).
While Benjamin Franklin Plumbing may seek advice from franchisees regarding creative concepts and media, it retains final authority on all programs financed by the Brand Fund. The document also states that Benjamin Franklin Plumbing is not obligated to ensure that expenditures from the Brand Fund are equivalent or proportional to individual franchisee contributions or that any particular franchisee benefits directly or pro rata from the Brand Fund's expenditures. Furthermore, the agreement specifies that it does not impose a trust or fiduciary duty on Benjamin Franklin Plumbing in connection with the Brand Fund's administration.