Where can I find information about Bft's advertising and fund in the Disclosure Document?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
| Obligation | Section in | |||
|---|---|---|---|---|
| Section in Franchise Agreement | Multi-Unit Agreement | Disclosure Document Item | ||
| Territorial development and | Sections 8.7 and 15.1.B(12) | Sections 2.C and 2.D, Exhibit A | Item 12 | |
| k. | ||||
| sales quotas | ||||
| Ongoing product/service | Sections 6.5 and 8.4 | Not Applicable | Items 8 and 11 | |
| l. | ||||
| purchases | ||||
| Maintenance, appearance and | Sections 7.1 and 8.1 | Not Applicable | Items 6 and 17 | |
| m. | ||||
| remodeling requirements | ||||
| n. Insura nce | Sections 10.5 and 15.1.B(8) | Not Applicable | Items 6, 7 and 8 | |
| o. Adve rtising and Fund | Article 9, Sections 5.6 and 15.1.B(5) | Not Applicable | Items 6 and 11 | |
| p. Indem nification | Sections 4.1, 6.9, 7.1.E, 11.2, 15.4, and Exhibit 3 | Section 7.B | Item 6 |
[Item 11: FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING]
Brand Development Fund
The Fund was established to promote Studios and help promote and develop our System and brand generally. As of the date of this Disclosure Document, your Fund Contribution is two percent (2%) of your Studio's Gross Sales. Fund Contributions will be payable from the earlier of (a) the date your Studio opens, or (b) the date the Studio receives a payment from a client in connection with Approved Services to be provided at any point. We may increase the Fund Contribution upon 60 days' written notice to you, subject to the Marketing Expenditure Cap (Franchise Agreement, Sections 5.6 and 9.1).
The Fund will be administered by us (or our affiliates), as we deem appropriate in our discretion. We have also established a Fund advisory committee (the "FAC") to serve in an advisory capacity on matters related to the Fund. The Fund will be maintained and operated by us (or our affiliates) to meet the costs of conducting regional and national advertising and promotional efforts, other brand development activities, as well as related technology used to implement the foregoing (i.e., digital marketing platform, System web portal) that we determine beneficial to the System and employing advertising/public relations agencies to assist in advertising activities. With the assistance of the FAC, we will direct all public relations, advertising and promotions with sole discretion over the message, creative concepts, materials and media used in the programs and the placement and allocation thereof. We have the power to form, change or dissolve the FAC. We will pay for these activities from the Fund. The Fund Contributions may be used for traditional advertising activities, such as website development, social media, public relations, advertising campaigns (television, radio, print or other media), or other promotions which will further develop and/or raise the awareness/visibility of our brand, System and Studio locations (Franchise Agreement, Sections 6.8 and 9.1).
We are not obligated to ensure that Fund activities or dollars are spent equally, on a pro rata basis, either on your Studio, or all Studios in an area. A brief statement regarding the availability of System franchises may be included in advertising and other items produced using the Fund, but we do not otherwise expect to use the Fund primarily for any franchise sales or solicitations as of the date of this Disclosure Document.
We (and our affiliates) will have the right to make disbursements from the Fund, as we determine appropriate to cover the costs and expenses associated with the marketing, advertising and promotion of the brand,
Marks, System, Studio locations and/or the Approved Products and Approved Services, including: the cost of formulating, developing and implementing advertising and promotional campaigns; the reasonable costs of administering the Fund, including accounting expenses and the actual costs of salaries and fringe benefits paid to our employees engaged in administration of the Fund and/or creation, development and/or placement of any creative and/or implementation of any campaigns associated with the same. The Fund is not a trust or escrow account, and we have no fiduciary obligations regarding the Fund. We are not required to audit the Fund, but we may retain independent certified public accountants to prepare an annual audit of the Fund, at the expense of the Fund. We will provide a copy of the annual accounting of the Fund to franchisees upon written request. Our company-owned or affiliate-owned Studios, if and when operating, are not required to contribute to the Fund at the same rate as franchisees. As of the date of this Disclosure Document, all franchisees that contribute to the Fund may not contribute at the same rate as you. Should the Fund Contribution for the System decrease at any time, we have the right to reduce our contribution from company-owned or affiliate-owned Studios to the rate specified for franchised locations.
We are not required to spend all Fund Contributions in the fiscal year they are received. You agree to participate in all Fund programs. The Fund may furnish you with marketing, advertising and promotional materials; however, we may require that you pay the cost of producing, shipping and handling for such materials.
During the fiscal year ended on December 31, 2024, the Fund Contributions were spent as follows: 9.8% for production, 58.5% for administration and implementation, 7.7% on media and public relations, and 24.0% for Internet and digital-related activities.
Local Advertising Requirement; Co-Ops
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 37–50)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, information regarding advertising and the brand development fund can be found in Item 11 and potentially Item 6. Item 11 specifically covers the franchisor's assistance, advertising, computer systems, and training programs. Item 6 is referenced in a table that cross-references advertising and fund obligations.
The Brand Development Fund is designed to promote Bft studios and the brand in general. Franchisees are required to contribute 2% of their studio's gross sales to the Fund, starting from the earlier of the studio opening date or the date the studio receives payment from a client. Bft retains the right to increase this contribution with 60 days' written notice, subject to a Marketing Expenditure Cap. The fund is administered by Bft (or its affiliates) and an advisory committee, and it is used for regional and national advertising, brand development, and related technology. These activities may include website development, social media, public relations, and advertising campaigns across various media.
Bft has the discretion over how the Fund's resources are allocated and is not obligated to spend equally on each studio or area. While the Fund may mention the availability of System franchises, it is not primarily used for franchise sales. Disbursements from the Fund cover costs associated with marketing, advertising, and promotion of the brand, Marks, System, Studio locations, and Approved Products and Services. This includes campaign development, administration costs, and employee salaries related to these activities. The Fund is not a trust or escrow account, and Bft does not have fiduciary obligations regarding it. While Bft is not required to audit the Fund, they may choose to do so at the Fund's expense and will provide an annual accounting to franchisees upon written request.
For the fiscal year ending December 31, 2024, the Fund's contributions were allocated as follows: 9.8% for production, 58.5% for administration and implementation, 7.7% on media and public relations, and 24.0% for Internet and digital-related activities. Franchisees are required to participate in all Fund programs and may be required to pay for the production, shipping, and handling of marketing materials provided by the Fund. Company-owned or affiliate-owned studios may not contribute to the Fund at the same rate as franchisees, and contribution rates may vary among franchisees.