Is a Browns Chicken franchisee allowed to use advertising or promotional materials that Brown has disapproved?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
Prior to their use by Franchisee, samples of all local advertising and promotional materials not prepared or previously approved by Brown shall be submitted to Brown for approval. Promotional material includes but is not limited to materials and information provided by Franchisee
on a website or similar electronic medium. If written disapproval is not received by Franchisee within fifteen (15) days from the date of receipt by Brown of such materials, Brown shall be deemed to have given the required approval. Franchisee shall not use any advertising or promotional materials that Brown has disapproved. Franchisee may not use alternative distribution channels to promote the business or to make sales, including use of a toll-free number, catalog, web site, telephone, electronic communications, the Internet, texting, smartphones, personal digit assistants, any other computer on-line service, You Tube, facebook, Twitter, or any other communication device or means that is developed subsequent to the date of this Agreement. Franchisee agrees that the manner and content of any Franchisee advertising, marketing and/or selling on any website, ecommerce, wireless telephone, Internet, You Tube, facebook, Twitter, or other cyberspace application is subject to the prior written permission of Brown and must be done in strict compliance with the standards, policies and procedures established from time to time by Brown.
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to Browns Chicken's 2025 Franchise Disclosure Document, franchisees are not allowed to use advertising or promotional materials that Browns Chicken has disapproved. Before using any local advertising or promotional materials that Browns Chicken has not prepared or previously approved, a franchisee must submit samples to Browns Chicken for approval. This includes materials and information provided by the franchisee on a website or similar electronic medium.
If Browns Chicken does not provide written disapproval within 15 days of receiving the materials, the company is considered to have given its approval. However, Browns Chicken retains control over how the Browns Chicken brand is advertised and promoted, especially in digital spaces. Franchisees need to obtain prior written permission from Browns Chicken for any advertising, marketing, or selling activities conducted on websites, e-commerce platforms, wireless telephones, the Internet, YouTube, Facebook, Twitter, or other cyberspace applications.
This requirement ensures that all advertising and promotional efforts align with Browns Chicken's standards, policies, and procedures, maintaining a consistent brand image. It also allows Browns Chicken to monitor and control the content and manner of advertising to protect its trademarks and goodwill. Franchisees must adhere to these guidelines to avoid violating the franchise agreement and potentially facing penalties.