What are the Browns Chicken franchisee's obligations regarding advertising and promotion?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
ons made to the Advertising Fund during the previous twelve (12) month period. Brown shall have the right to reinstate the Advertising Fund upon the same terms and conditions herein set forth upon thirty (30) days' prior written notice to Franchisee.
B. By Franchisee.
- (1) Grand Opening and Marketing Deposit. Franchisee shall conduct a Grand Opening advertising campaign within thirty (30) days of opening his BROWN's Store. Upon execution of this Agreement, Franchisee shall deposit with Brown a Marketing Deposit in the amount of One Thousand Dollars ($1,000). Brown shall expend the Marketing Deposit in connection with the grand opening of Franchisee's Store, as well as for local advertising for the Store during the initial few months of operation.
- (2) Ongoing Local Advertising. Franchisee agrees to list and advertise the Store in each of the classified telephone directories distributed within its Territory, in such business classifications as Brown prescribes from time to time utilizing Brown's standard form of classified telephone directory advertisement. 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.
(3) Local Cooperative Advertising. Franchisee shall join any local advertising co-operative which has been or may be formed consisting of franchisees and/or Brownowned or Affiliate-owned Stores in his area. Brown assumes no direct or indirect liability or obligation to Franchisee or to any local co-operative with respect to the maintenance, direction, or administration of the co-operative, including without limitation, any failure by any franchisees to make any contributions to the co-operative.
12. RECORDS AND REPORTS.
**A.
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to the 2025 Browns Chicken Franchise Disclosure Document, franchisees have several obligations regarding advertising and promotion. Browns Chicken requires franchisees to conduct a Grand Opening advertising campaign within 30 days of opening their store. To fund this, the franchisee must deposit a $1,000 Marketing Deposit with Browns Chicken upon signing the franchise agreement. Browns Chicken will use this deposit for the grand opening and local advertising during the initial months of operation.
Browns Chicken also requires franchisees to list and advertise their store in classified telephone directories using Browns Chicken's standard form of advertisement. Any local advertising and promotional materials not prepared or previously approved by Browns Chicken must be submitted for approval, including website content. If Browns Chicken does not provide written disapproval within 15 days of receiving the materials, approval is assumed. Franchisees are prohibited from using disapproved advertising or promotional materials.
Furthermore, Browns Chicken restricts franchisees from using alternative distribution channels for promotion or sales, including toll-free numbers, catalogs, websites, or social media, without prior written permission from Browns Chicken. Any online advertising, marketing, or selling must strictly adhere to Browns Chicken's standards, policies, and procedures. Browns Chicken also maintains control over any marketing or advertising ideas developed by the franchisee, considering them the sole property of Browns Chicken and allowing Browns Chicken to authorize other stores to use these ideas without compensating the franchisee.