Does Beyond Juicery Eatery anticipate all franchisees will contribute to the Marketing Fund?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
We or our designate shall administer the funds in a national and/or regional marketing fund (the "Marketing Fund") and direct all national and regional advertising programs. We or our designate shall have the sole discretion to consent to or reject all creative concepts, materials, and media and the placement and allocation thereof. The Marketing Fund is established in a separate bank account and monies received for the Marketing Fund are accounted for separately from our other funds. There is no fiduciary or trust relationship created by our administering the Marketing Fund. We may cause the Marketing Fund to be incorporated or operated through a separate entity if we deem appropriate. We anticipate all of our franchisees will contribute to the Marketing Fund. There is no prohibition against us charging different rates for future franchisees. We also may forgive, waive, settle, or compromise claims by or against the Marketing Fund. We may defer or reduce a franchisee's contribution based on the peculiarities of a particular territory or circumstance, existing business practices or other factors that we deem to be important to the operation of any Restaurant or the System. If we terminate the Marketing Fund, we will distribute all unused monies to the contributors in proportion to their respective contributions during a pre-determined period. We and our designate undertake no obligation to make expenditures in the area where your Restaurant Location is located or ensure that any particular franchisee benefits from the placement of such advertising. Such funds may be applied to our costs of maintaining, administering, directing, and preparing national or regional advertising (including without limitation, marketing research, public relations activities, marketing programs and initiatives, including but not limited to, guest membership programs, and employing advertising agencies to assist therein); provided however, that such funds shall not be used to defray our general operating expenses (except reasonable administrative costs and overhead related to the administration or direction of such funds and programs). We will prepare an annual, unaudited statement of the operations and expenditures of the Marketing Fund that is made available to you within six (6) months of the end of our fiscal year. We are not required to have the Marketing Fund statements audited. These statements will be made available to you upon request.
- 9.03 In addition to the national marketing described in Section 9.02, we may from time to time develop and administer advertising, marketing, and sales promotion programs in which you shall participate upon such terms and conditions as established by us.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, Beyond Juicery Eatery anticipates that all franchisees will contribute to the Marketing Fund. This fund is used for national and regional advertising programs, with Beyond Juicery Eatery having sole discretion over creative concepts, materials, media placement, and allocation. The Marketing Fund is held in a separate bank account, and Beyond Juicery Eatery may choose to incorporate or operate it through a separate entity.
While Beyond Juicery Eatery expects all franchisees to contribute, they retain the right to defer or reduce a franchisee's contribution based on specific territorial or circumstantial factors, existing business practices, or other considerations deemed important to the restaurant's or the system's operation. If the Marketing Fund is terminated, any unused monies will be distributed to the contributors in proportion to their contributions during a pre-determined period. However, Beyond Juicery Eatery does not guarantee that expenditures will be made in the area where a franchisee's restaurant is located or that any particular franchisee will benefit from the advertising.
The funds may be used to cover the costs of maintaining, administering, directing, and preparing national or regional advertising, including marketing research, public relations, marketing programs, and employing advertising agencies. However, these funds cannot be used for Beyond Juicery Eatery's general operating expenses, except for reasonable administrative costs and overhead related to the administration of the funds and programs. Beyond Juicery Eatery will provide an annual, unaudited statement of the Marketing Fund's operations and expenditures within six months of the end of their fiscal year, available to franchisees upon request.
Beyond Juicery Eatery may also develop and administer additional advertising, marketing, and sales promotion programs in which franchisees will be required to participate under terms and conditions established by Beyond Juicery Eatery.