Who has complete control and discretion over Body Brain Center's advertising programs?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
Our administration of the advertising fund isintended to maximize general public recognition and patronage of the Body & Brain System for the benefit of us and all Body & Brain franchisees and we will use our best efforts to apportion advertising to obtain the greatest benefit for all franchisees. We will direct and have complete control and discretion over all advertising programs, including the creative concepts, materials, endorsements and media used for the programs, and the placement and allocation of the programs. We anticipate that the advertising will primarily consist of Internet ads and brochures. We assume no direct or indirect liability or obligation to you with respect to the maintenance, direction or administration of the advertising fund. The advertising fund will not be a trust and we will have no fiduciary obligations with respect to our administration of the advertising fund. An unaudited financial accounting of the operations of the advertising fund will be prepared annually and made available to you upon request.
Source: Item 11 — FRANCHISOR'S ASSISTANCE**, ADVERTISING, **COMPUTER SYSTEMS AND TRAINING (FDD pages 20–29)
What This Means (2025 FDD)
According to Body Brain Center's 2025 Franchise Disclosure Document, Body Brain Center directs and has complete control and discretion over all advertising programs. This includes the creative concepts, materials, endorsements, and media used for the programs, as well as the placement and allocation of the programs. Body Brain Center anticipates that the advertising will primarily consist of Internet ads and brochures.
This means that as a franchisee, you will not have control over the advertising campaigns run by Body Brain Center. While franchisees may create advertising for their own use, Body Brain Center must approve it in advance. Franchisees must submit any advertising materials they prepare, and Body Brain Center has 5 business days to review and either approve or reject the materials. If Body Brain Center fails to respond within the 5-day period, the materials are deemed approved. However, Body Brain Center may later disapprove of materials that it previously approved.
Body Brain Center also has established and administers an advertising fund that is used for local, regional, or national marketing, advertising, sales promotion and promotional materials, public and consumer relations, publicity, website development, search engine optimization, and any other programs that Body Brain Center deems necessary or appropriate. Franchisees must pay an advertising fund fee equal to 0.5% of their Program Sales. The advertising fund fees will be kept in a separate account and revenues received will be accounted for separately from Body Brain Center's other funds and will not be used to defray any of Body Brain Center's general operating expenses, except for reasonable salaries, administrative costs, and overhead.