Can Body20 advertise using the Body20 marks inside a franchisee's territory?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
- (d) advertise, or authorize others to advertise, using the Marks anywhere, including inside and outside of the Territory; and
- (a) Local Marketing Requirements.
You must participate in such advertising, promotional, and community outreach programs that we may specify from time to time, at your own expense.
You must use your best efforts to promote the use of the Marks in your Territory.
Any media advertising or direct mail marketing that you conduct must be predominantly focused within your Territory, unless we agree otherwise.
- (b) Approval of Advertising Materials.
You must obtain our advance written approval prior to using or producing any advertising or marketing materials using any of the Marks, in whole or in part.
- (c) Minimum Marketing Expenditure.
You must spend at least $1,500 per month on local advertising and promotional activities (the "Marketing Spending Requirement").
Source: Item 23 — RECEIPT (FDD pages 74–251)
What This Means (2025 FDD)
According to Body20's 2025 Franchise Disclosure Document, Body20 has the right to advertise using its marks anywhere, including inside a franchisee's territory. The franchisee is also required to use their best efforts to promote the use of the Body20 marks in their territory. However, any media advertising or direct mail marketing that the franchisee conducts must be predominantly focused within their territory, unless Body20 agrees otherwise.
This means that while Body20 can advertise using its marks within a franchisee's territory, franchisees are also expected to actively promote the brand within their own territory. This could create both opportunities and potential conflicts. On one hand, Body20's advertising could drive brand awareness and benefit all franchisees. On the other hand, franchisees might feel that Body20's advertising efforts could overshadow their own local marketing initiatives or even draw customers away from their specific location.
Furthermore, franchisees must obtain Body20's advance written approval before using any advertising or marketing materials that use Body20's marks. Body20 also has the final decision on all creative development of advertising and promotional messages and reserves the right to require a franchisee to discontinue the use of any advertising or marketing materials. This ensures that all advertising aligns with Body20's brand standards and marketing strategies.
Franchisees are required to spend at least $1,500 per month on local advertising and promotional activities, in addition to the Brand Fund Fee. This requirement ensures that franchisees are actively investing in promoting their Body20 studio within their territory. Franchisees should clarify with Body20 what types of expenditures will count toward this minimum spending requirement to ensure compliance.