Who has discretion over the creative concepts, materials, and media used in advertising programs for the Bojangles Marketing Development Fund?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
us or our designee as follows:
- We will direct the creation of all advertising programs, with sole discretion over the creative concepts, materials, and media used in such programs. The Fund is intended to maximize general public recognition and acceptance of the trade names, trademarks, and service marks which are designated
as part of the Bojangles System for the benefit of the Bojangles System through research and the creation of marketing materials. We are not obligated, in administering the Fund, to make expenditures for you which are equivalent or proportionate to your contribution, or to ensure that any particular franchisee benefits directly or pro rata from Fund expenditures.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 37–49)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, Bojangles has sole discretion over the creative concepts, materials, and media used in advertising programs for the Marketing Development Fund. This fund is supported by franchisee contributions, set at 1% of the restaurant's gross sales from the prior month.
The purpose of the Marketing Development Fund is to enhance public recognition and acceptance of the Bojangles system's trade names and trademarks. Bojangles is not obligated to allocate expenditures from the fund in direct proportion to individual franchisee contributions, nor is it required to ensure that each franchisee benefits directly or pro rata from these expenditures.
This arrangement means that while franchisees contribute to the fund, Bojangles maintains control over how the money is spent and the creative direction of advertising campaigns. Franchisees are required to adhere to Bojangles's advertising standards and must seek approval for any advertising materials they wish to use that have not been pre-approved. This ensures brand consistency across all Bojangles locations, but it also limits the franchisee's autonomy in local advertising efforts beyond the required local and regional media advertising spending.