May Burneys Sweets More review advertisements that franchisees propose to use?
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 may develop their own advertising materials at their own cost, and the company encourages franchisees to share advertising ideas and materials. However, Burneys Sweets More requires franchisees to submit advertising and promotional materials in advance and obtain approval before using them. Franchisees are also required to follow Burneys Sweets More's instructions in connection with any advertising or promotional materials that the company provides for their use.
Failure to follow Burneys Sweets More's instructions regarding pre-approval of advertising materials will result in fines. The fines are $0 for the 1st infraction, $100 for the 2nd infraction, and $500 for the third or subsequent infraction.
Burneys Sweets More also states that the imposition of these fines does not waive their right to consider the use of unapproved advertising as a default-triggering event, as described in the Franchise Agreement. This means that using unapproved advertising could potentially lead to further consequences, including termination of the franchise agreement.
This level of control over advertising is fairly common in franchising, as franchisors want to maintain brand consistency and ensure that all marketing efforts align with the overall brand strategy. Prospective Burneys Sweets More franchisees should be aware of these requirements and the potential consequences of non-compliance.