Can Body Brain Center disapprove of advertising materials that they previously approved?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
We do not require that you spend any minimum amount on local advertising. We will provide you with standardized marketing plans and advertising, promotional and marketing materials. Alternatively, we may enter into relationships with approved or designated suppliers who will create advertising or marketing materials that must be purchased and utilized by Body & Brain franchisees. You will also have an opportunity to create advertising for your own use, provided we approve it in advance. You may not use any advertising materials that have not been approved by us. You must submit to us any advertising materials prepared by you and we will have 5 business days to review and either approve or reject the materials. If we fail to respond within the 5 day period, the materials are deemed approved. We may later disapprove of materials that we previously approved.
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, franchisees have the opportunity to create advertising materials for their own use, but these materials must be approved by Body Brain Center in advance. Franchisees are prohibited from using any advertising materials that have not received prior approval from Body Brain Center.
To ensure compliance, franchisees must submit any self-created advertising materials to Body Brain Center for review. Body Brain Center has a 5-business day window to evaluate the submitted materials and either approve or reject them. If Body Brain Center fails to respond within this 5-day period, the advertising materials are automatically considered approved.
However, Body Brain Center retains the right to later disapprove advertising materials that it had previously approved. This means that even if a franchisee receives initial approval for their advertising materials, Body Brain Center can subsequently withdraw its approval, requiring the franchisee to cease using those materials. This clause gives Body Brain Center ongoing control over advertising content and allows them to make changes as they see fit, even after initial approval.