Can Better Blend use the Advertising and Promotional Content developed by the franchisee on an international level?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
- 9.4 Use by BBF. BBF may use any Advertising and Promotional Content developed by or on behalf of Franchisee, and Franchisee hereby grants an unlimited, perpetual, royalty-free license to BBF for such purpose.
- 9.5 Marketing Fund. BBF has established or may establish a Marketing Fund to promote the System on a local, regional, national, and/or international level. If BBF has established a Marketing Fund:
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, Better Blend has the right to utilize advertising and promotional content created by or for the franchisee. The franchise agreement grants Better Blend an unlimited, perpetual, royalty-free license to use this content. This means that Better Blend can use any marketing materials a franchisee develops for their local business for any purpose, including advertising the Better Blend brand on a local, regional, national, and even international level.
This clause in the franchise agreement allows Better Blend to leverage the creative work of its franchisees across its entire system without having to compensate the franchisee. While this benefits Better Blend by providing a source of marketing content, it means the franchisee gives up all rights to their created content.
For a prospective franchisee, this means any advertising or promotional materials they develop for their Better Blend location could be used by the franchisor in broader marketing campaigns. Franchisees should consider this when investing in marketing and promotional content, as they will not retain exclusive rights to its use. Franchisees should also be aware that they will not receive additional compensation if Better Blend uses their content.