factual

Does Browns Chicken have the franchisee's consent to use the franchisee's name in advertising and promotional materials?

Browns_Chicken Franchise · 2025 FDD

Answer 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)

The 2025 Franchise Disclosure Document does not explicitly state that Browns Chicken requires a franchisee's consent to use their name in advertising and promotional materials. However, the document does state that franchisees must submit local advertising and promotional materials to Browns Chicken for approval before use. If Browns Chicken does not provide written disapproval within 15 days of receiving the materials, approval is assumed. Franchisees cannot use advertising or promotional materials that Browns Chicken has disapproved.

Additionally, the franchisee agrees that the manner and content of any advertising, marketing, and/or selling on any website, e-commerce platform, wireless telephone, Internet, YouTube, Facebook, Twitter, or other cyberspace application is subject to the prior written permission of Browns Chicken. It must be done in strict compliance with the standards, policies, and procedures established by Browns Chicken.

While the FDD does not directly address the use of a franchisee's name, it emphasizes Browns Chicken's control over advertising content and channels. A prospective franchisee should clarify with Browns Chicken the specific policies regarding the use of franchisee names in advertising and promotional materials to fully understand their rights and obligations.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.