Does Big O Tires have the right to change its policy on using public figures in advertising?
Big_O_Tires Franchise · 2025 FDDAnswer from 2025 FDD Document
We or a licensee designated by us will make available to you point of sale advertising materials and wearables utilizing the Big O marks and local advertising plans and materials, special promotions and similar advertising (Franchise Agreement Section 7.02(b)(iii)).
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- For each national promotion, we will make available to you or your Local Group electronic copies, or, where we deem appropriate, hard copies, of radio and television commercials (Franchise Agreement Section 7.02(b)(iv)).
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- In our sole discretion, we may provide other assistance occasionally under terms and conditions and for fees and charges as periodically established by Big O in its sole discretion (Franchise Agreement Section 7.02(e)). This may include, for instance, real estate consulting and other matters. See Item 6 in regard to fees.
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- Big O has established and may suspend and/or reestablish national fleet account and Key Account Customer programs and policies, which it may revise periodically in its sole discretion. The national fleet account programs and policies and Key Account Customer programs and policies may include: (a) Big O (or its designated provider) making arrangements with larger customers with multiple locations and/or multiple vehicle users ("National Account Customers") or large commercial or governmental customers of Franchisee that Big O has approved or designated as "Key Account Customers" for whom a 2% royalty rate will apply in accordance with criteria periodically established by Big O in its Manual to have Big O franchisees provide automotive products and services; (b) permitting the National Account Customers and Key Account Customers to purchase the specified products and services from you and the other franchisees at prices not more than those negotiated by Big O and the
National Account Customer or Key Account Customer;
Source: Item 18 — PUBLIC FIGURES (FDD page 85)
What This Means (2025 FDD)
According to Big O Tires's 2025 Franchise Disclosure Document, the company retains the discretion to modify its advertising policies. Item 11 outlines the assistance that Big O Tires will provide to franchisees, including making available point of sale advertising materials, local advertising plans, special promotions, and radio and television commercials for national promotions.
Big O Tires also retains the right to use the Licensed Marks and the Big O System with other services or products, or in alternative channels of distribution, including the Internet, without regard to location. They can also use and license the use of other proprietary marks or methods which are not the same as or confusingly similar to the Licensed Marks, whether in alternative channels of distribution or with the operation of any type of tire sales and service business, at any location, which may be the same as, similar to or different from the business of a Big O Store.
While the FDD does not explicitly mention the use of public figures in advertising, the overall control Big O Tires retains over advertising and marketing materials implies they can change their approach, including the use of public figures, at their discretion. A prospective franchisee should seek clarification from Big O Tires regarding their specific policies on advertising and the extent to which franchisees can use their own advertising methods.