Is there a minimum amount a Beverly Anns Cookie franchisee must spend on local advertising?
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 will not exceed $1,500 per calendar year. If we require you to conduct and participate in any Promotion, we reserve the right (but we are not required) to use a portion of the Brand Fund to help our franchisees defray a portion of any costs attributable to the Promotions. If we exercise this right, we will use the Brand Fund on a pro rata basis.
You agree, at your sole cost and expense, to issue and offer such rebates, giveaways, and other promotions in accordance with advertising programs established by us, and further agree to honor the rebates, giveaways, and other promotions issued by other Beverly Ann's Cookie Truck franchisees under
any such program, so long as such compliance does not contravene any applicable law, rule, or regulation. You will not create or issue any gift cards/certificates and will only sell gift cards/certificates that have been issued or sponsored by us and which are accepted at all franchised businesses, and you will not issue coupons or discounts of any type except as approved by us.
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, franchisees are required to participate in promotional campaigns as directed by Beverly Anns Cookie. These promotions may include offering free products or coupons, with the value of coupons not exceeding $500 per year unless authorized by the Council. The value of required promotions can be increased by a super-majority (75%) of the Council, if established, with 30 days' notice, but will not exceed $1,500 per calendar year. Beverly Anns Cookie reserves the right to use the Brand Fund to help franchisees cover promotion costs on a pro rata basis.
Beverly Anns Cookie franchisees must issue rebates, giveaways, and other promotions as established by Beverly Anns Cookie's advertising programs and honor promotions issued by other franchisees, provided it complies with applicable laws. Franchisees are prohibited from creating their own gift cards/certificates and can only sell those issued or sponsored by Beverly Anns Cookie. They also cannot issue coupons or discounts without Beverly Anns Cookie's approval.
Beverly Ann's Cookie franchisees are restricted from advertising in media whose primary circulation is outside their designated territory without permission, unless it is part of a cooperative advertising program. Violating another franchisee's territory results in fines: $1,000 plus invoiced amounts for the first violation, and $5,000 plus invoiced amounts for subsequent violations. These fines are payable to Beverly Anns Cookie and may be distributed at their discretion. Violations are counted cumulatively over the life of the Franchised Business.