For what purposes can Care Plus Medical UCC use the Marketing Fund?
Care_Plus_Medical_Ucc Franchise · 2024 FDDAnswer from 2024 FDD Document
ablished a Marketing Fund:
- (a) Separate Account. Care Plus Medical UCC shall hold the Marketing Fund Contributions from all franchisees in one or more bank accounts separate from Care Plus Medical UCC's other accounts.
- (b) Use. Care Plus Medical UCC shall use the Marketing Fund only for marketing, advertising, and public relations materials, programs and campaigns (including at local, regional, national, and/or international level), and related overhead. The foregoing includes such activities and expenses as Care Plus Medical UCC reasonably determines, and may include, without limitation: development and placement of advertising and promotions; sponsorships; contests and sweepstakes; development of décor, trade dress, Marks, and/or branding; development and maintenance of brand websites; social media; internet activities; e-commerce programs; search engine optimization; market research; public relations, media or agency costs; trade shows and other events; printing and mailing; and administrative and overhead expenses related to the Marketing Fund (including the compensation of Care Plus Medical UCC's employees working on marketing and for accounting, bookkeeping, reporting, legal and other expenses related to the Marketing Fund).
- (c) Discretion. Franchisee agrees that expenditures from the Marketing Fund need not be proportionate to contributions made by Franchisee or provide any direct or indirect benefit to Franchisee. The Marketing Fund will be spent at Care Plus Medical UCC's sole discretion, and Care Plus Medical UCC has no fiduciary duty with regard to the Marketing Fund.
- (d) Contribution by Other Outlets.
Source: Item 22 — CONTRACTS (FDD page 41)
What This Means (2024 FDD)
According to Care Plus Medical UCC's 2024 Franchise Disclosure Document, the Marketing Fund is used for marketing, advertising, and public relations at the local, regional, national, and international levels. This includes the development and placement of advertising and promotions, sponsorships, contests and sweepstakes, and the development of décor, trade dress, Marks, and branding.
Care Plus Medical UCC also uses the Marketing Fund for the development and maintenance of brand websites, social media, internet activities, e-commerce programs, and search engine optimization. Additional uses include market research, public relations, media or agency costs, trade shows and other events, printing and mailing, and administrative and overhead expenses related to the Marketing Fund. These expenses can include compensation for Care Plus Medical UCC's employees working on marketing and for accounting, bookkeeping, reporting, legal, and other expenses related to the Marketing Fund.
The franchisee agrees that the expenditures from the Marketing Fund do not need to be proportionate to their contributions or provide any direct or indirect benefit to them. The Marketing Fund will be spent at Care Plus Medical UCC's sole discretion, and Care Plus Medical UCC has no fiduciary duty regarding the Marketing Fund. Care Plus Medical UCC may accumulate funds in the Marketing Fund and carry the balance over to subsequent years, and may loan funds to the Marketing Fund if it operates at a deficit.