Who has control over the creative concepts and media used in Carvel's advertising programs?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
We or an affiliate will administer the Ad Fund. We have sole authority to direct all advertising programs and promotions and uses of the Ad Fund, with sole control over the creative concepts, materials, and media used in the programs, and the placement and allocation of advertising. We reserve the right to use any media, create any programs, and allocate advertising and promotional expenditures to any regions or locales we deem appropriate.
Source: Item 11 — Franchisor's Assistance, Advertising, Computer Systems, and Training (FDD pages 59–74)
What This Means (2025 FDD)
According to Carvel's 2025 Franchise Disclosure Document, Carvel has sole authority to direct all advertising programs and promotions and uses of the Ad Fund. This includes sole control over the creative concepts, materials, and media used in the programs, as well as the placement and allocation of advertising. This means that Carvel franchisees do not have direct control over the advertising content or media channels used to promote the Carvel brand.
Carvel reserves the right to use any media, create any programs, and allocate advertising and promotional expenditures to any regions or locales it deems appropriate. Carvel is not obligated to ensure that advertising expenditures are equivalent or proportionate to a franchisee's contributions, or that a franchisee benefits directly or proportionately from the placement of advertising.
While Carvel franchisees do not have decision-making authority, the Carvel Franchise Advisory Council (FAC) provides suggestions on advertising issues. At a minimum, a majority of the members of the FAC are franchisees in good standing who are nominated and elected by other franchisees, and the remainder of the members are franchisees or other representatives who may be appointed by Carvel. However, the FAC is advisory only, and Carvel retains the power to form, change, or dissolve the FAC or any other advertising or advisory council at any time.
Carvel also maintains the right to approve all of an Advertising Cooperative's marketing programs and advertising materials. Carvel may terminate or suspend an Advertising Cooperative's program or operations with 30 days written notice to affected franchisees and may form, change, dissolve or merge any Advertising Cooperative.