What are some examples of expenditures that the Brand Fund for Beverly Anns Cookie may be used for?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
The Brand Fund is used to promote public awareness of our brand and to improve our System. You are required to pay the Brand Fund Contribution. The Brand Fund may be administered by us or our affiliate or designees, at our discretion. We may use the Brand Fund for any expenditure that we, in our sole discretion, deem necessary or appropriate to promote or improve the System or the Beverly Ann's Cookie Truck brand. We may incorporate the Brand Fund or operate it through a separate entity whenever we deem appropriate.
To illustrate, these may include, but are not limited to, the following: (i) developing, maintaining, administering, directing, preparing or reviewing advertising and marketing materials, promotions and programs, including social media management; (ii) raising public awareness of any of the Marks; (iii) improving public and consumer relations and publicity; (iv) brand development; (v) research and development of technology, products and services; (vi) website development (including social media) and search engine optimization; (vii) development and implementation of quality control programs and other reputation management functions; (viii) conducting market research; (ix) changes and improvements to the System; (x) covering the fees and expenses of any advertising agency we engage to assist in producing or conducting advertising or marketing efforts; (xi) paying the proportionate salary share of our employees that devote time and provide services for advertising, promotion, collection, accounting or administration of the Brand Fund; (xii) preparing and distributing financial accountings of the Brand Fund; (xiii) developing training tools; and (xiv) paying our and our affiliates' expenses associated with direct or indirect labor, administrative, overhead, or other expenses incurred in relation to any of these activities.
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, the Brand Fund is used to promote public awareness of the brand and improve the Beverly Anns Cookie system. The franchisor may use the Brand Fund for any expenditure they deem necessary or appropriate to promote or improve the system or the Beverly Ann's Cookie brand. The Brand Fund may be administered by Beverly Anns Cookie or its affiliates or designees, at their discretion.
Examples of expenditures from the Brand Fund include developing advertising and marketing materials, promotions and programs, social media management, raising public awareness of the brand, improving public and consumer relations and publicity, brand development, research and development of technology, products, and services, website development and search engine optimization, development and implementation of quality control programs and other reputation management functions, and conducting market research.
Additional examples of Brand Fund expenditures include changes and improvements to the Beverly Anns Cookie system, covering the fees and expenses of any advertising agency Beverly Anns Cookie engages, paying the proportionate salary share of Beverly Anns Cookie's employees that devote time and provide services for advertising, promotion, collection, accounting or administration of the Brand Fund, preparing and distributing financial accountings of the Brand Fund, developing training tools, and paying Beverly Anns Cookie's and its affiliates' expenses associated with direct or indirect labor, administrative, overhead, or other expenses incurred in relation to any of these activities.
Beverly Anns Cookie has sole discretion in determining the content, concepts, materials, media, endorsements, frequency, placement, location, and all other matters pertaining to any of the activities funded by the Brand Fund. Any surplus amounts in the Brand Fund may be invested, and any unused funds collected in any calendar year will be applied to the following year's funds. Beverly Anns Cookie reserves the right to contribute or loan additional funds to the Brand Fund on any terms they deem reasonable. The Brand Fund is not a trust, and Beverly Anns Cookie has no fiduciary obligations to franchisees regarding the administration of the Brand Fund.