What standards must Burros Fries franchisee advertising materials conform to?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
ating Manual as well as our policy statements, which underlie the goodwill associated with and symbolized by the Names and Marks.
B. Franchisee is Licensed to Use Names and Marks
With respect to Franchisee's franchised use of Burros & Fries Franchise, Inc.'s Names and Marks pursuant to this Agreement, Franchisee agrees that:
- Franchisee shall use only the Names and Marks as are approved in writing by us for Franchisee's use, and shall use them only in the manner authorized and permitted by us and that in any use whatsoever of the Names and Marks of ours that the Names and Marks are identified as being registered to or owned by Burros & Fries Franchise, Inc., with exclusive rights give to us;
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- Franchisee shall use the Names and Marks only in connection with the operation of the Business and in advertising for the Business conducted at or from the Franchisee's web page and Accepted Location;
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- Franchisee shall use and display, as we may require in the operation of the Business, a notice in the form approved by us indicating that Franchisee is a "Franchise of Burros & Fries" and that the Names and Marks are used by Franchisee under such Franchise. Franchisee must indicate to third parties that it is "independently owned and operated" and that we own the Marks and Franchisee uses them under a license;
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- Unless otherwise authorized or required by us, Franchisee shall operate and advertise the Business under the Name and Mark "Burros & Fries";
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- Franchisee's right to use the Names and Marks is limited to such usages as are authorized under this Agreement, and any unauthorized use shall constitute an infringement of our rights and a material breach of this Agreement;
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- 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. Franchisee shall use such notices of Trademark registrations and copyrights as we specify.
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Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to Burros Fries's 2024 Franchise Disclosure Document, franchisees must adhere to specific standards regarding advertising materials. Franchisees must use only names and marks approved in writing by Burros & Fries and in the manner authorized. Any use of Burros Fries's names and marks must identify them as registered to or owned by Burros & Fries Franchise, Inc., with exclusive rights given to them.
Specifically, franchisees must obtain approval for any printed material bearing any of the names or marks, unless Burros Fries supplied the item. Burros Fries has the sole discretion to approve or deny a franchisee's request within 30 days of receiving it in writing; failure to respond within this period is deemed a denial. Franchisees must also use trademark registration and copyright notices as specified by Burros Fries.
These stipulations ensure that the Burros Fries brand maintains a consistent image and quality across all franchise locations. By controlling the use of its trademarks and requiring approval of advertising materials, Burros Fries aims to protect its brand identity and prevent unauthorized or misleading advertising. This also allows Burros Fries to monitor and maintain the quality of advertising and promotional efforts undertaken by its franchisees, ensuring they align with the company's overall marketing strategy and standards.
In addition to these requirements, Burros Fries also mandates that franchisees use only approved products, supplies, and printed advertising materials necessary for the operation of the business. This further reinforces the control Burros Fries exerts over its brand and ensures consistency in all aspects of the business, from the products offered to the advertising materials used.