If Buns On Fire objects to any reference to them in a franchisee's offering literature, what must the franchisee do?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee must submit to Franchisor, for its approval, all materials to be used for local advertising, unless they have been approved before or they consist only of materials Franchisor provided. All materials containing the Marks must include the designation trademark ™, registered trademark ®, service mark SM, copyright ©, as applicable, or any other designation Franchisor specifies. If Franchisee does not receive written or oral disapproval of any materials submitted within fifteen (15) days from the date Franchisor receives the materials, the materials are disapproved. Any materials submitted to Franchisor for its approval will become Franchisor's property, and there will be no restriction on Franchisor's use of such materials. Franchisor may require Franchisee to withdraw and/or discontinue the use of any promotional materials or advertising, even if previously approved. Franchisor must make this requirement in writing, and Franchisee has five (5) days after receipt of Franchisor's notice to withdraw and/or discontinue use of the materials or advertising. Franchisee's submission of advertising for approval does not affect his/her right to determine the prices at which Franchisee sells his/her services or products. Franchisee must include in any significant display advertisements, and in marketing materials for the Franchised Business, in conformance with standards in the Confidential Operations Manual, a notice that the Franchised Business is individually owned and operated.
Source: Item 23 — RECEIPTS (FDD pages 49–200)
What This Means (2025 FDD)
According to the 2025 Buns On Fire Franchise Disclosure Document, franchisees must submit all local advertising materials to Buns On Fire for approval, unless the materials have been previously approved or consist only of materials provided by Buns On Fire. These materials must include the appropriate trademark designation (™ or ® or SM) as specified by Buns On Fire.
If a franchisee submits materials and does not receive written or oral disapproval from Buns On Fire within fifteen (15) days of receipt, the materials are considered disapproved. This means a franchisee cannot assume approval simply from a lack of response. Any materials submitted become the property of Buns On Fire, which can use them without restriction.
Even if Buns On Fire has previously approved promotional materials or advertising, they retain the right to require the franchisee to withdraw or discontinue their use. Buns On Fire must make this requirement in writing, and the franchisee then has five (5) days after receiving the notice to comply. However, the franchisee retains the right to determine the prices at which they sell their services or products, regardless of advertising submissions. The franchisee must also include a notice in significant display advertisements and marketing materials that the Franchised Business is individually owned and operated, following the standards in the Confidential Operations Manual.