factual

If a Burger King franchisee wants to use their own advertising materials, what approvals are required?

Burger_King Franchise · 2025 FDD

Answer from 2025 FDD Document

If you want to use your own advertising or promotional materials, you must obtain our approval as to media type and format, conduct the advertising or promotion in a dignified manner, and conform to all federal, state and local laws, rules, regulations, standards and guidelines. The advertising and promotional elements must also meet our standards and requirements. You must submit samples of proposed advertising and promotional plans and materials to us for approval before you use them. You may not use any advertising or promotional plans or materials without our prior written approval, and must remove previously approved materials if we have ceased using or subsequently disapproved the advertising or promotional plans or materials, (Franchise Agmt. - Sec. 5.J). Unless we otherwise approve, you may not use any of the BURGER KING® Marks on any website, or other social media or as part of a domain name or other electronic mail address. (Franchise Agmt. – Sec. 11.A.7)

Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 62–71)

What This Means (2025 FDD)

According to Burger King's 2025 Franchise Disclosure Document, a franchisee who wishes to use their own advertising or promotional materials must first obtain approval from Burger King. This approval extends to the media type and format of the advertising. The franchisee must also ensure that the advertising or promotion is conducted in a dignified manner and complies with all applicable federal, state, and local laws, rules, regulations, standards, and guidelines. Furthermore, the advertising and promotional elements must meet Burger King's standards and requirements.

To seek approval, a Burger King franchisee is required to submit samples of their proposed advertising and promotional plans and materials to Burger King for review before they are used. The franchisee cannot use any advertising or promotional plans or materials without receiving Burger King's prior written approval.

Burger King also retains the right to disapprove previously approved materials. If Burger King ceases to use or subsequently disapproves of any advertising or promotional plans or materials, the franchisee must remove the previously approved materials. Unless Burger King provides explicit approval, franchisees are prohibited from using any of the Burger King marks on any website or other social media platforms, or as part of a domain name or other electronic mail address. This ensures that all advertising aligns with Burger King's brand standards and legal requirements.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.