Can a Browns Chicken franchisee obtain permission to use a celebrity endorsement?
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 18 — PUBLIC FIGURES (FDD page 39)
What This Means (2025 FDD)
According to the 2025 Browns Chicken Franchise Disclosure Document, franchisees must obtain prior written permission from Browns Chicken for any advertising, marketing, or selling done on any website, ecommerce platform, wireless telephone, Internet, YouTube, Facebook, Twitter, or other cyberspace application. This requirement extends to the manner and content of the advertising, marketing, and selling.
In practical terms, this means that if a Browns Chicken franchisee wants to use a celebrity endorsement in their local advertising, they must first submit the advertising and promotional materials to Browns Chicken for approval. Browns Chicken has 15 days from receipt of the materials to provide written disapproval. If the franchisee does not receive disapproval within this timeframe, Browns Chicken is deemed to have given the required approval. However, the franchisee cannot use any advertising or promotional materials that Browns Chicken has explicitly disapproved.
This level of control is typical in franchising, as franchisors want to ensure brand consistency and protect their trademarks. Browns Chicken retains the right to control its brand image and marketing strategies, even at the local level. A prospective franchisee should carefully consider these restrictions and be prepared to work within the established guidelines for advertising and promotion.