Does Benjamin Franklin Plumbing have the right to dissolve the Brand Fund?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
We have the right to incorporate, replace, change or dissolve the Brand Fund.
If we decide to dissolve the Brand Fund, contributions to the Brand Fund will stop, but the Brand Fund will continue in existence until all remaining funds have been spent.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to Benjamin Franklin Plumbing's 2025 Franchise Disclosure Document, the company retains the right to dissolve the Brand Fund. The Brand Fund is used to support general recognition of Benjamin Franklin Plumbing franchises and the brand. This means that Benjamin Franklin Plumbing has the authority to shut down the Brand Fund if it chooses to do so.
If Benjamin Franklin Plumbing decides to dissolve the Brand Fund, franchisees will no longer be required to contribute to it. However, the Brand Fund will continue to exist until all remaining funds have been spent. This implies that even after the decision to dissolve the fund, there may be a period where the fund is still active and being used for its intended purposes until the money runs out.
It is important to note that Benjamin Franklin Plumbing is not obligated to make expenditures for individual franchisees that are equivalent or proportional to their contributions. Franchisees also do not have the right to reduce or withhold contributions based on any alleged lack of benefits to their specific franchise. Furthermore, the agreement does not impose a trust or fiduciary duty on Benjamin Franklin Plumbing in connection with the Brand Fund.