What is Bombs Away's obligation regarding advertising, beyond maintaining the brand website?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
Our obligation. We will use the Marketing Fund only for marketing and related purposes and costs. Media coverage is primarily local. We use outside vendors and consultants to produce advertising. We are not required to spend any amount of advertising in the area or territory where any particular franchisee is located. We will maintain the brand website (which may be paid for by the Marketing Fund). We have no other obligation to conduct advertising.
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.
Advertising council. We do not have an advertising council composed of franchisees. The franchise agreement does not give us the power to form an advertising council.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 18–23)
What This Means (2024 FDD)
According to the 2024 Bombs Away FDD, Bombs Away's sole obligation regarding advertising is to maintain the brand website, which may be paid for by the Marketing Fund. Bombs Away is not required to spend any amount on advertising in the area or territory where any particular franchisee is located.
Bombs Away uses the Marketing Fund only for marketing and related costs, utilizing outside vendors and consultants to produce advertising. Franchisees are allowed to use their own advertising or marketing material, but it requires approval from Bombs Away at least 14 days prior to use. If Bombs Away does not respond within that timeframe, the material is deemed rejected. Bombs Away also reserves the right to use any advertising or marketing materials developed by franchisees for any purpose without providing any payment to the franchisee.
Bombs Away does not have an advertising council composed of franchisees, and the franchise agreement does not grant Bombs Away the power to form one. However, Bombs Away does have the right to require franchisees to participate in a local or regional advertising cooperative. The amount a franchisee must contribute to the cooperative will be determined by a vote of the members, but it will not be less than 1% of gross sales and not more than 5% of gross sales. Bombs Away also requires franchisees to spend at least 5% of gross sales each month on marketing their business after opening.