Does Brueggers Bagels require written consent before a franchisee can transmit advertisements by text message?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 18.1.2. Cease to use the confidential methods, procedures, and techniques associated with the System, the "Bruegger's" and "Bruegger's Bagels" names and marks, all other Proprietary Marks, the Works, and all other distinctive forms, slogans, signs, symbols, Web sites, domain names, e-mail addresses, other electronic identifiers, and devices associated with the Bakery or the System; withdraw all advertising matter (including electronic marketing); remove from the Premises all signs, letterhead, and other articles which display the Proprietary Marks; and except as provided in Section 18.2 below not thereafter, directly or indirectly, represent yourself to the public or hold yourself out as a present or former franchisee of ours;
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Brueggers Bagels outlines obligations regarding advertising matter upon termination or expiration of the franchise agreement. Specifically, franchisees must withdraw all advertising matter, including electronic marketing, when the agreement ends. This indicates that Brueggers Bagels does address electronic marketing, which could include text message advertisements, within the franchise agreement. However, the document does not explicitly state whether written consent is required before a franchisee can transmit advertisements via text message during the active term of the agreement.
While the FDD excerpt does not directly address the requirement for prior written consent for text message advertising, it does emphasize the importance of adhering to Brueggers Bagels' standards and specifications for advertising and promotional programs. The FDD mentions that Brueggers Bagels has developed uniform standards, specifications, methods, policies, and procedures for Bakery operations, including advertising and promotional programs, which may be changed, improved, and further developed by them from time to time. This suggests that franchisees are expected to follow the franchisor's guidelines for all advertising activities, including text message marketing.
A prospective Brueggers Bagels franchisee should clarify with the franchisor the specific policies and procedures related to text message advertising and whether written consent is needed before engaging in such activities. It would be prudent to inquire about any restrictions or guidelines on the content, frequency, and target audience of text message advertisements to ensure compliance with the franchisor's standards and applicable laws and regulations. Understanding these requirements is crucial for franchisees to effectively promote their Brueggers Bagels location while adhering to the franchisor's brand standards and legal obligations.
Furthermore, the FDD mentions the Brand Marketing Fund, which is used for various advertising and promotional activities, including online and mobile presence. This fund is administered by the franchisor, and franchisees contribute to it. A potential franchisee should ask how the Brand Marketing Fund is used for mobile advertising and whether franchisees have any input into the mobile marketing strategies employed by the franchisor.