Does Burneys Sweets More require franchisees to submit advertising materials for approval?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
You may develop advertising materials for your own use at your own cost. We encourage the sharing by franchisees of advertising ideas and materials. We require you to submit advertising and promotional materials to us in advance and to obtain our approval before using them. You are required to follow our instructions in connection with any advertising or promotional materials we provide for your use. (Franchise Agreement Section 8(g).) Failure to follow our instructions regarding pre-approval of advertising materials will result in fines. These fines will be as follows: 1 st infraction: $0, 2nd infraction: $100, and third or subsequent infraction: $500. Imposition of these fines will in no way waive our right to consider your use of unapproved advertising as a default-triggering event, such as that described at Franchise Agreement Section 17(c)(v).
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 25–33)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, franchisees are required to submit all advertising and promotional materials to Burneys Sweets More for approval before they are used. This requirement ensures that all advertising aligns with the brand's standards and image. Franchisees are also expected to adhere to any instructions provided by Burneys Sweets More regarding the use of approved advertising and promotional materials.
Failure to obtain pre-approval for advertising materials can result in financial penalties. The first infraction results in no fine, the second infraction incurs a $100 fine, and subsequent infractions will be penalized with a $500 fine. These fines do not waive Burneys Sweets More's right to consider the use of unapproved advertising as a default-triggering event under the Franchise Agreement.
This policy is fairly common in franchising, as franchisors want to maintain brand consistency and protect their trademarks. Prospective Burneys Sweets More franchisees should factor in the time and potential costs associated with creating advertising materials and submitting them for approval. They should also be aware of the potential fines for non-compliance and the possibility of more severe consequences for repeated violations.