Can a Burneys Sweets More franchisee conduct supplemental advertising at their own expense?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
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- (d) Supplemental Advertising. Franchisee shall have the right to conduct, at its separate expense, supplemental advertising in addition to the expenditures specified in this Section 8. All such supplemental advertising shall either have been prepared by Franchisor or approved by Franchisor pursuant to Section 8(f).
- (e) Directory Advertising. Franchisee shall arrange for the listing of the Franchised Business's telephone number and email address in any print or online directory designated by Franchisor under the name "BURNEY'S SWEETS & MORE" or such other name as the Franchisor may designate. All advertising and promotion in such media (beyond a simple listing of name, address, and telephone number) shall be subject to Franchisor's approval. Franchisor has the right to arrange for directory listings for franchisees operating Franchised Businesses under the System and, at Franchisee's expense, for Franchisee;
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, franchisees have the right to conduct supplemental advertising at their own expense. However, all supplemental advertising materials must either be prepared by Burneys Sweets More or approved by them.
This means that while franchisees can invest in additional advertising beyond what is required, they do not have complete creative control. They must use materials provided by the franchisor or submit their own materials for approval. This approval process ensures that all advertising aligns with the brand's standards and image.
The FDD specifies that if Burneys Sweets More does not approve or disapprove submitted advertising materials within twenty days of receipt, the materials are deemed disapproved. This timeline is important for franchisees to consider when planning their advertising campaigns, as delays in approval could impact their marketing efforts. Franchisees should factor in this review period to avoid potential setbacks in their promotional activities.
This requirement for franchisor approval is a common practice in franchising, designed to maintain brand consistency and protect the overall brand image. While it may limit a franchisee's autonomy, it also provides assurance that all advertising efforts will meet the franchisor's standards and avoid potential missteps that could harm the brand.