How long does Browns Chicken have to provide written disapproval of advertising materials submitted by the franchisee?
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, if a franchisee submits local advertising and promotional materials to Browns Chicken that Browns Chicken has not prepared or previously approved, Browns Chicken has 15 days to provide written disapproval. If the franchisee does not receive written disapproval within 15 days from the date Browns Chicken receives the materials, Browns Chicken is considered to have given approval. The promotional materials include materials and information provided by the franchisee on a website or similar electronic medium.
This means that a Browns Chicken franchisee needs to plan ahead when creating and submitting advertising materials. If the franchisee doesn't receive a response within 15 days, they can proceed with the advertising. However, the franchisee bears the risk of expending resources on advertising that Browns Chicken might later object to if they move forward without explicit written approval.
It is important to note that Browns Chicken retains the right to disapprove advertising materials. The franchisee cannot use any advertising or promotional materials that Browns Chicken has disapproved. Furthermore, Browns Chicken maintains control over the franchisee's advertising, marketing, and selling activities on websites, e-commerce platforms, wireless telephones, the Internet, and social media applications like YouTube, Facebook, and Twitter. These activities are subject to Browns Chicken's prior written permission and must comply with the standards, policies, and procedures established by Browns Chicken.