If a Burros Fries franchisee includes references to Burros Fries in a prospectus, does Burros Fries have the right to review it?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee must obtain our approval for any use of any item of printed material of any kind bearing any of the Names or Marks, unless we supplied the item.
We shall approve or deny Franchisee's request, which approval is in our sole discretion, within thirty (30) days of receipt of Franchisee's written request.
If we fail to respond to Franchisee's request within said thirty (30) day period, Franchisee's request shall be deemed denied.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, a franchisee must obtain approval for any use of printed material bearing any of the Names or Marks of Burros Fries, unless the franchisor supplied the item. Burros Fries will either approve or deny the franchisee's request within thirty days of receipt of the written request, with the approval being in Burros Fries's sole discretion. If Burros Fries fails to respond within the 30-day period, the request is deemed denied.
This means that if a Burros Fries franchisee intends to include any references to the Burros Fries brand, names, or marks in a prospectus or any other printed material, they must first seek and obtain written approval from Burros Fries. This requirement ensures that the franchisee adheres to the brand's standards and uses the trademarks and copyrighted material appropriately.
The franchisee bears the responsibility of submitting a written request to Burros Fries for approval. The franchisor then has 30 days to respond. The franchisee cannot proceed with using the material until they receive explicit approval. This process allows Burros Fries to maintain control over its brand image and ensure consistent representation across all franchisee materials.
If Burros Fries does not respond within the specified timeframe, the franchisee's request is automatically denied. This aspect highlights the importance of franchisees planning ahead and submitting requests well in advance to avoid delays or potential issues with their promotional or informational materials. It is also important to maintain records of all requests and submissions to Burros Fries to ensure compliance and avoid misunderstandings.