If a Bombs Away franchisee develops advertising materials, can Bombs Away use them without payment?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
Your own advertising material. You may use your own advertising or marketing material only with our approval. To obtain our approval, you must submit any proposed advertising or marketing material at least 14 days prior to use. If we do not respond, the material is deemed rejected. If you develop any advertising or marketing materials, we may use those materials for any purpose, without any payment to you.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 18–23)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, if a franchisee develops advertising or marketing materials, Bombs Away has the right to use these materials for any purpose without providing any payment to the franchisee.
Before using any advertising or marketing material, a Bombs Away franchisee must submit the material to Bombs Away for approval at least 14 days before its intended use. If Bombs Away does not respond within this timeframe, the material is considered rejected.
This policy has significant implications for prospective Bombs Away franchisees. While franchisees are encouraged to contribute to marketing efforts, they should be aware that Bombs Away can utilize their creations without compensation. Franchisees should factor this into their decisions regarding investment in advertising development and understand that the franchisor retains ultimate control over marketing assets.