What is Best In Class Education Center's obligation regarding the administration of the Brand Fund?
Best_In_Class_Education_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
You must follow all of our policies regarding any gift card program we establish.
Brand and System Development Fund
We currently administer a Brand Fund to promote public awareness of our brand and improve our System. We may use the Brand Fund to pay for any of the following:
- developing, distributing or administering advertising and marketing materials and programs
- conducting and administering promotions, contests or giveaways
- public and consumer relations and publicity
- brand development
- sponsorships and charitable and nonprofit donations and events
- research and development of technology, products and services
- website development and search engine optimization
- development, maintenance and promotion of an ecommerce platform
- development and implementation of quality control programs
- conducting market research
- reimbursing us for costs we incur to host franchisee conferences
- changes and improvements to the System
- fees and expenses charged by advertising agencies we engage to provide marketing services
- collecting and accounting for brand fund fees and preparing financial accountings of the Brand Fund
- any other programs or activities we deem appropriate to promote or improve the System
- reimbursing us for administrative, overhead and other expenses we incur to administer the Brand Fund, including compensation paid to our personnel for time spent working on Brand Fund matters
We direct and have complete control and discretion over all advertising programs paid for by the Brand Fund, including the creative concepts, content, materials, endorsements, frequency, placement and media used. Advertising any be local, regional or national in coverage and utilize any media we deem appropriate, including digital, print, television, radio and billboard media. The source of advertising will be in-house as well as through a regional advertising agency that we engage. The Brand Fund will not be used to pay for advertisements principally directed at selling additional franchises, although consumer advertising may include notations such as "franchises available" and one or more pages on our website may promote the franchise opportunity.
You must pay the Brand Fund fee we specify from time to time. The current Brand Fund fee is the sum of (a) 2% of Gross Sales (we may increase this amount to 3% upon 180 days' prior notice) and (b) 1% of Special Program Sales. Company-owned Centers contribute to the Brand Fund on the same basis as franchisees. However, if we modify the amount or timing of required contributions, any company-owned Center established or acquired after the modification may contribute to the Brand Fund utilizing the modified amount or timing. All monies deposited into the Brand Fund that are not used in the fiscal year in which they accrue will be utilized in the following fiscal year. Any surplus of monies may be invested and we may lend money if there is a deficit. An unaudited financial accounting of Brand Fund contributions and expenditures will be prepared annually and made available to you upon request. During the fiscal year ended December 31, 2024 we spent the marketing funds in the following manner:
| Allocation of Marketing Expenditures (2024) | | | | | | | | |---|---|---|---|---|---|---|---| | Use of Funds | | Production | | Media Placement | Administrative Expenses | | Other | | Percentage | 51.14% | | 26.47% | | 22.39% | 0% | | | Allocation | | | | | | | | The Brand Fund is not a trust.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 24–32)
What This Means (2025 FDD)
According to the 2025 Best In Class Education Center FDD, Best In Class Education Center administers the Brand Fund to promote brand awareness and improve its system. Best In Class Education Center has complete control and discretion over all advertising programs paid for by the Brand Fund, including the creative concepts, content, materials, endorsements, frequency, placement, and media used. Advertising can be local, regional, or national in coverage and utilize any media Best In Class Education Center deems appropriate, including digital, print, television, radio, and billboard media. The source of advertising will be in-house as well as through a regional advertising agency that Best In Class Education Center engages.
The Brand Fund can be used for various purposes, including developing and distributing advertising materials, conducting promotions, public relations, brand development, sponsorships, research and development, website development, quality control programs, market research, franchisee conferences, and improvements to the system. It can also cover the costs of collecting and accounting for brand fund fees, preparing financial accountings, and reimbursing Best In Class Education Center for administrative expenses related to administering the Brand Fund, including compensation for personnel. The Brand Fund will not be used to pay for advertisements principally directed at selling additional franchises, although consumer advertising may include notations such as "franchises available" and one or more pages on our website may promote the franchise opportunity.
Best In Class Education Center states that the Brand Fund is not a trust, and they have no fiduciary obligations or liability to franchisees regarding its administration. Best In Class Education Center may discontinue the Brand Fund with 30 days' notice. Franchisees must pay a Brand Fund fee, which is currently the sum of 2% of Gross Sales (which may increase to 3% with 180 days' notice) and 1% of Special Program Sales. Company-owned centers contribute to the Brand Fund on the same basis as franchisees. All monies deposited into the Brand Fund that are not used in the fiscal year in which they accrue will be utilized in the following fiscal year. Any surplus of monies may be invested and Best In Class Education Center may lend money if there is a deficit. An unaudited financial accounting of Brand Fund contributions and expenditures will be prepared annually and made available to franchisees upon request.