Can Buns On Fire withhold approval for a franchisee's website for any reason?
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. Subject to any legal restrictions, Franchisee also must display or make available, in the reception area of the Franchised Business, marketing materials that Franchisor provides to Franchisee about the purchase of Buns on Fire franchises, but Franchisee has no responsibility or authority to act for Franchisor in franchise sales.
Source: Item 23 — RECEIPTS (FDD pages 49–200)
What This Means (2025 FDD)
According to the 2025 Buns On Fire FDD, 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. This includes website content. Buns On Fire maintains the right to approve or disapprove these materials.
If a franchisee submits materials and does not receive written or oral disapproval within fifteen (15) days from the date Buns On Fire receives them, the materials are considered disapproved. This implies that Buns On Fire does not need to provide a reason for disapproval; lack of response within the specified timeframe is sufficient for the materials to be considered rejected.
Buns On Fire also retains the right to require a franchisee to withdraw or discontinue the use of any promotional materials or advertising, even if those materials were previously approved. This requirement must be made in writing, and the franchisee has five (5) days after receipt of the notice to comply. This clause gives Buns On Fire broad control over advertising and promotional materials, including website content, used by its franchisees, allowing them to ensure brand consistency and adherence to company standards.