Does Best Brains specify the print and online directories a franchisee must use for advertising?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
sing, marketing and promotion of the opening of the Franchised Business in accordance with an opening marketing plan developed by us.
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- Additional Advertising Expenditures. In addition to your obligations to pay into the Brand Development Fund and to pay for the grand opening expenditures, as set forth above, you agree to expend quarterly on local advertising and promotions of the Franchised Business and the Marks in each fiscal year of the Company at least $250 per month.
- (i) Expenditures in any fiscal year in excess of the minimum advertising requirement will not be credited against minimum advertising requirements for any other fiscal year.
- (ii) We have the right to review your books and records from time to time to determine Franchisee's expenditures for such required advertising and promotion. If we determine that you have not spent the requisite amount, we may require you to pay such unexpended amounts to the Brand Development Fund.
Advertising expenditures does not include payments for items which we deem inappropriate for meeting the minimum advertising requirements, including, without limitation, payments in connection with permanent on-premises signs, lighting, purchasing or maintaining vehicles, even though such vehicles may display the Marks, and other payments.
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- We Must Approve Advertising. You may only use advertising material not prepared or previously approved by us, by submitting it to us for approval. If you do not receive written approval within fourteen days after the date of receipt by us of the materials, we will be deemed to have disapproved. You will have access to corporate provided social media and the ability to use and post pursuant to our guidelines, but we will have master rights on such social media, and can change or edit your posts.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
The 2025 Best Brains Franchise Disclosure Document (FDD) does not explicitly list specific print or online directories that franchisees are required to use for advertising. However, Best Brains maintains control over advertising and online presence in several ways.
The FDD states that franchisees must submit all advertising material not prepared or previously approved by Best Brains for approval, and the franchisor can disapprove it if written approval is not given within fourteen days. Franchisees are given access to corporate-provided social media and the ability to post according to Best Brains' guidelines, but Best Brains retains master rights to change or edit these posts.
Furthermore, franchisees are not allowed to create or manage their own websites or domains associated with their Best Brains business. Instead, each location has a dedicated section on the corporate website, for which franchisees must provide new content according to Best Brains' guidelines. Best Brains also retains sole rights to all email and internet addresses, websites, domain names, social media sites, search engine identifiers, telephone and facsimile numbers, and directory listings associated with the Best Brains marks. Upon termination of the franchise agreement, the franchisee must notify all listing agencies of the termination of their right to use any telephone number and any regular, classified, or other listings associated with the marks and authorize the transfer of these to Best Brains.
Therefore, while the FDD does not mandate specific directories, Best Brains exerts significant control over the franchisee's advertising and online presence, requiring approval of advertising materials and managing the online presence through the corporate website and social media channels. A prospective franchisee should inquire about the types of advertising that are typically approved and the specific guidelines for social media and website content.