Is a Benjamin Franklin Plumbing franchisee required to participate in promotional activities?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
e have the right to rely on any statement, agreement, or representation made by the Key Person. If the Key Person leaves your organization, you are required to nominate a replacement within thirty (30) days thereafter. If you have not obtained our approval of a replacement within ninety (90) days, you will be in material default of this Agreement.
- 6.3. Approved Products and Services. You are required to offer for sale from the Franchised Business all products and services that we designate from time to time as required items. You may also offer for sale any optional products and services that we have approved for sale in the Franchised Business. You are prohibited from offering any unapproved products or services without our prior written consent. You are required to use our designated service system and processes (which are part of the Brand Standards) in providing all approved products and services to customers. You are required to discontinue selling or offering for sale any products or services that we disapprove at any time, in our sole discretion.
- 6.4. Pricing and Promotional Activities. To the extent permitted by applicable law where the Franchised Business is located, we have the right to establish maximum and/or minimum prices that you are required to follow for products and services sold in the Franchised Business. Subject to applicable law, you are required to participate in and comply with the terms of special promotional activities that we prescribe for Franchised Businesses generally or for Franchised Businesses in specific geographic areas or having particular characteristics. These activities may include special offers and other pricing promotions. Subject to the limitations in Section 10, you agree to bear your own costs of participating in these activities.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to Benjamin Franklin Plumbing's 2025 Franchise Disclosure Document, franchisees are generally required to participate in promotional activities. The franchisor, to the extent permitted by law, has the right to establish maximum and/or minimum prices for products and services. Franchisees are required to participate in and comply with the terms of special promotional activities that Benjamin Franklin Plumbing prescribes for all franchises or those in specific geographic areas. These activities may include special offers and other pricing promotions.
Franchisees bear their own costs of participating in these promotional activities, and they are required to display promotional signs and materials as requested by Benjamin Franklin Plumbing. Furthermore, all proposed advertising and promotional plans and materials that a franchisee intends to use must meet Benjamin Franklin Plumbing's standards and be submitted for approval at least 30 days before their intended use.
All advertising and promotion must be in the media and of the type and format that Benjamin Franklin Plumbing approves, conducted in a dignified manner, and conform to their standards. Benjamin Franklin Plumbing owns all copyrights and other rights to all existing and future advertising and promotional materials that contain any of the Marks or that otherwise relate to the Franchised Business.