Is approval required for promotional materials and advertising used by Beyond Juicery Eatery franchisees?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
sible for paying all travel and living expenses for you and your employees (Franchise Agreement - Section 3.03).
Advertising. As a franchisee, you must spend, annually throughout the term of the Franchise Agreement, a minimum of 1% of Gross Sales on Local Advertising for the Restaurant in your market. We must approve all advertising before you use it. You must provide us with copies of your proposed advertising and we will approve or disapprove the advertising within 30 days of our receipt. You may not use advertising that is not approved by us. You may determine the timing, manner, media, and supplier for each piece of advertising with our approval. If you fail to spend 1% of Gross Sales on Local Advertising in any calendar quarter, you must pay any deficiency to us as additional Royalty.
Also, we collect a Marketing Fund Fee for the Marketing Fund (the "Fund"), which is currently 3% of the Gross Sales of your Restaurant to develop the brand and promote the System. We reserve the right to increase the Marketing Fund Fee, which may be implemented through our Operations Manual. Our affiliates contribute the same amount. The Marketing Fund Fee must be paid in the same manner as the Royalty Fee payment (Franchise Agreement – Section 9).
With regard to the Fund, we direct all marketing, brand development expenses, and advertising programs in our discretion. We have the right to approve the creative concepts, materials, and media used in the programs and their placement and allocation, if any. The Fund is intended to maximize general public recognition and acceptance of the Trademarks and improve the collective success of all Restaurants operating under the System. For Restaurants we or our affiliates operate in the United States, we or our affiliates will contribute to the Fund on the same basis as you. In administering the Fund, we and our designees have no obligation to ensure that the expenditures for marketing, brand development, or advertising placement (if any) are approximately proportional to each franchisee's contributions to the fund within any given territory or designated area (as that term is defined in each franchisee's respective Franchise Agreement).
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 34–42)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, franchisees are required to obtain approval for all advertising materials before use. The franchisee must submit copies of proposed advertising to Beyond Juicery Eatery, who will then approve or disapprove the advertising within 30 days of receipt. The franchisee is prohibited from using any advertising that has not been approved. However, franchisees can determine the timing, manner, media, and supplier for each piece of advertising, contingent upon Beyond Juicery Eatery's approval.
Beyond Juicery Eatery also requires franchisees to spend a minimum of 1% of gross sales annually on local advertising. Failure to meet this requirement in any calendar quarter results in the franchisee paying the deficiency to Beyond Juicery Eatery as additional royalty fees.
In addition to local advertising, Beyond Juicery Eatery collects a Marketing Fund Fee, which is currently 3% of the gross sales. This fee is used to develop the brand and promote the system, and Beyond Juicery Eatery reserves the right to increase this fee through amendments to the Operations Manual. Furthermore, if a franchisee's restaurant is located in an area with an advertising cooperative, they must become a member and contribute as required by the cooperative's governing documents, up to a maximum of 3% of gross sales, which can be applied toward the local advertising requirement.