Is a Beverly Anns Cookie franchisee allowed to use the Marks in any fundraising campaign?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
n in any advertisement or website indicating "franchises available" or similar phrasing. We may, upon 30 days' prior written notice to you, reduce or suspend Brand Fund Contribution and operations for one or more periods of any length and terminate and/or reinstate the Brand Fund. We will spend all amounts before any termination of the Brand Fund.
12. FRANCHISEE MARKETING AND ADVERTISING
Standards
All advertisements and promotions you create or use must be completely factual, conform to the highest standards of ethical advertising, comply with all federal, state and local laws, rules and regulations, and comply with our standards in the Brand Manual. You must ensure that your advertisements and promotional materials do not infringe upon the intellectual property or legal rights of others. You may not advertise in any media whose primary circulation is outside of the Territory without our permission unless the advertisement is part of a cooperative advertising program.
Promotional Programs
We may periodically create advertising and sales promotion programs and materials to enhance the collective success of all Beverly Ann's Cookie Truck franchisees operating under the System. You must conduct and participate in promotional campaigns (the "Promotions") which may from time to time be required, and you must conduct and participate in those Promotions in accordance with our policies and procedures. This may include requiring you to offer free products to customers on certain days or providing coupons (not to exceed $500 per year unless authorized by the Council, if established). The value of Promotions you must offer may be increased at any time upon super-majority (75%) of the Council, if established, and upon 30 days' notice to you, but wil
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
The 2025 Beverly Anns Cookie Franchise Disclosure Document does not explicitly state whether a franchisee can use the Marks for fundraising campaigns. However, it does state that franchisees must participate in promotional campaigns as required by Beverly Anns Cookie, and that franchisees must adhere to the franchisor's policies and procedures when doing so. These promotions may include offering free products or coupons, but the value of required promotions is capped at $500 per year unless authorized by the Council, and can only be increased to a maximum of $1,500 per calendar year with a super-majority (75%) vote of the Council and 30 days' notice.
Additionally, franchisees are required to issue rebates, giveaways, and other promotions in accordance with Beverly Anns Cookie's advertising programs. Franchisees are prohibited from creating or issuing their own gift cards/certificates and may only sell those issued or sponsored by Beverly Anns Cookie. They also cannot issue coupons or discounts unless approved by Beverly Anns Cookie.
Given these restrictions, a prospective franchisee should seek clarification from Beverly Anns Cookie regarding the use of the Marks in fundraising campaigns. Specifically, they should ask whether such use is permitted, and if so, under what conditions and with what level of franchisor oversight or approval. Understanding these guidelines is crucial for franchisees to ensure compliance and avoid potential penalties.