Does Better Blend have the right to use any Advertising and Promotional Content developed by or on behalf of a franchisee?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
- 9.1 Advertising Standards. Except as otherwise provided in the Manual, Franchisee may use only Advertising and Promotional Content that BBF has furnished or approved in writing in advance. Franchisee must ensure that all Advertising and Promotional Content that Franchisee uses is clear, factual, ethical, and not misleading; complies with all laws; and conforms to System Standards. Except as otherwise provided in the Manual and Advertising and Promotional Content that BBF furnishes to Franchisee, Franchisee must submit to BBF for its written approval, at least 14 days before use, copies of all proposed Advertising and Promotional Content that Franchisee intends to use or implement. If BBF does not respond, the material is deemed rejected. BBF has the right to approve or disapprove any Advertising and Promotional Content, as well as the media in which Franchisee intends to use them, in its sole discretion. BBF reserves the right to require Franchisee to discontinue the use of any Advertising and Promotional Content for any reason.
- 9.2 Digital Marketing. BBF may (but is not obligated to) establish and operate all Digital Marketing and has the sole right to control all aspects of Digital Marketing, including those related
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to the 2024 Better Blend Franchise Disclosure Document, franchisees must adhere to specific advertising standards and obtain approval from Better Blend for any advertising and promotional content they intend to use. Specifically, franchisees can only use advertising and promotional content that Better Blend has either provided or approved in writing beforehand.
Franchisees are required to submit copies of all proposed advertising and promotional materials to Better Blend for written approval at least 14 days before their intended use. If Better Blend does not respond within this timeframe, the material is considered rejected. Better Blend retains the right to approve or disapprove any advertising and promotional content, including the media channels in which the franchisee plans to use them, at its sole discretion.
Better Blend also reserves the right to mandate that a franchisee discontinue using any advertising and promotional content for any reason. This level of control allows Better Blend to maintain brand consistency and ensure that all marketing efforts align with the company's standards and legal requirements. This also extends to digital marketing, as Better Blend has the sole right to control all aspects of digital marketing, although they are not obligated to manage it.