What is the procedure for a Benjamin Franklin Plumbing franchisee to use their own advertising materials or services?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
With respect to funds you pay directly to us, we will provide local advertising and marketing materials and related services to promote the Franchised Business in your Territory. The materials and services will include the creation, production and placement of marketing and may include commercial advertising, internet advertising, email, direct mail and other media advertising, and local promotion. You will be required to order sales and marketing materials and services from us. If you desire to use your own advertising materials or services, you must obtain our prior approval. It is a material breach of the Franchise Agree
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 46–57)
What This Means (2025 FDD)
According to Benjamin Franklin Plumbing's 2025 Franchise Disclosure Document, if a franchisee wants to use their own advertising materials or services, they must first obtain prior approval from Benjamin Franklin Plumbing. Failure to do so is considered a material breach of the Franchise Agreement.
Benjamin Franklin Plumbing also recommends that franchisees spend 8% to 12% of gross revenue annually on local advertising and promotion. However, this spending is not required unless the franchisee fails to achieve their Minimum Performance Requirements for any 12-month period. If a franchisee is required to spend on local marketing, they may be required to provide Benjamin Franklin Plumbing with monthly local marketing expense statements, including receipts, to prove compliance with the local marketing spend requirements.
Benjamin Franklin Plumbing has the right to specify that franchisees pay Local Marketing funds to them, their affiliate, or a third-party vendor. If funds are paid directly to Benjamin Franklin Plumbing, they will provide local advertising and marketing materials and related services to promote the Franchised Business in the franchisee's territory. These materials and services may include commercial advertising, internet advertising, email, direct mail, other media advertising, and local promotion. Franchisees will be required to order sales and marketing materials and services from Benjamin Franklin Plumbing.