Does Bombs Away Franchising have to approve a Bombs Away franchisee's online advertising?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
- 9.1 Approval and Implementation. Franchisee shall not conduct any marketing, advertising or public relations activities (including websites, online advertising, social media marketing or presence, and sponsorships) that have not been approved by Bombs Away Franchising. Bombs Away Franchising may (but is not obligated to) operate all "social media" accounts on behalf of the System, or it may permit franchisees to operate one or more accounts. Franchisee must comply with any System Standards regarding marketing, advertising, and public relations, include any social media policy that Bombs Away Franchising may prescribe. Franchisee shall implement any marketing plans or campaigns determined by Bombs Away Franchising.
- 9.2 Use By Bombs Away Franchising. Bombs Away Franchising may use any marketing materials or campaigns developed by or on behalf of Franchisee, and Franchisee hereby grants an unlimited, perpetual, royalty-free license to Bombs Away Franchising for such purpose.
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, franchisees must obtain approval from Bombs Away Franchising before conducting any marketing, advertising, or public relations activities. This includes online advertising, websites, and social media marketing. Bombs Away Franchising has the option to manage all social media accounts for the Bombs Away system or allow franchisees to operate their own accounts, but franchisees must adhere to any System Standards related to marketing, advertising, and public relations, including any social media policies set by Bombs Away Franchising.
This requirement gives Bombs Away Franchising significant control over the brand's image and messaging. It ensures that all advertising and marketing efforts align with the company's overall strategy and standards. This is a common practice in franchising, where maintaining brand consistency is crucial for success.
For a prospective Bombs Away franchisee, this means they cannot independently create and launch marketing campaigns without prior approval. They must submit their plans and materials to Bombs Away Franchising for review, which could potentially slow down the implementation of marketing initiatives. However, this also provides an opportunity for franchisees to receive guidance and support from the franchisor in developing effective marketing strategies. Bombs Away Franchising may also use any marketing materials developed by the franchisee, granting them an unlimited, perpetual, royalty-free license for such use.
Furthermore, franchisees are required to implement any marketing plans or campaigns determined by Bombs Away Franchising. This indicates that franchisees may be obligated to participate in marketing initiatives even if they did not directly contribute to their creation. Franchisees should factor in these marketing requirements and approval processes when planning their advertising and promotional activities.