Can Big O Tires deny my advertising request if it features a public figure?
Big_O_Tires Franchise · 2025 FDDAnswer from 2025 FDD Document
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- (l) Franchisee acknowledges and agrees that certain associations between its Big O Store, the Licensed Marks, and/or the Big O franchise system, on the one side, and a political (including a political party or candidate), religious, social, cultural or similar group, member, cause, and/or activities (collectively, a "Political or Social Cause"), on the other side, may result in adverse publicity and other adverse impacts on the Licensed Marks and/or Big O franchise system with certain segments of the public. As such, Franchisee agrees that it will not, without Big O's prior written consent, make any statement or take any other action (including posting signs) that could be perceived as promoting, approving, disapproving, publicizing, or otherwise commenting on a Political or Social Cause in any manner that is connected to or associated with the Big O Store, the Licensed Marks, and/or the Big O franchise system.
- 10.02 Maximum Pricing and Minimum Advertised Pricing. From time to time Big O may establish maximum pricing for certain Products and Services, for certain customers and/or for certain situations. Franchisee shall adhere to such maximum pricing as so established by Big O, provided that Franchisee shall not be required to sell Products and Services at or below any particular price if such a requirement would be unlawful. Big O may also establish minimum advertised pricing for the advertising of certain Products and Services, for certain customers and/or for certain situations.
Source: Item 18 — PUBLIC FIGURES (FDD page 85)
What This Means (2025 FDD)
According to Big O Tires' 2025 Franchise Disclosure Document, franchisees must obtain prior written approval from Big O Tires for all marketing and advertising materials that have not been previously approved or prepared by them. Big O Tires states that this approval will not be unreasonably withheld. However, Big O Tires maintains the right to deny the use of advertising or marketing materials that could be perceived as the franchisee commenting on a political or social cause.
This means that if a franchisee wants to use a public figure in their advertising, they must submit the materials to Big O Tires for approval. Big O Tires has the right to deny the request if they believe the use of the public figure could be seen as the franchisee taking a position on a political or social issue. This gives Big O Tires significant control over the franchisee's advertising and marketing efforts, especially concerning potentially controversial figures or topics.
This policy is in place to protect the Big O Tires brand and image. By controlling the advertising and marketing materials used by franchisees, Big O Tires can ensure that all advertising is consistent with the company's values and does not alienate any customers. While franchisees have the right to create their own advertising, they must adhere to Big O Tires' guidelines and obtain approval before using any materials that have not been pre-approved.
It is important to note that Big O Tires' approval cannot be unreasonably withheld. This means that if the franchisee's advertising is not controversial and does not violate any of Big O Tires' policies, Big O Tires must approve the request. Franchisees should carefully review Big O Tires' advertising policies and guidelines before creating any advertising materials to ensure compliance and avoid potential delays or denials.