If Carvel prepares advertising materials, am I required to purchase them?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
Our Advertising. We are not obligated to conduct any advertising or spend any amount on advertising in your market. We may periodically formulate, develop, produce, and conduct, at our sole discretion, advertising or promotional programs in such forms and media as we determine to be most effective. We may make available to you for you to purchase approved advertising and promotional materials, including signs, posters, collaterals, etc. that we have prepared.
From time to time, we or your Advertising Cooperative (if any) may establish temporary or permanent promotional campaigns (e.g., limited time offers, gift cards, coupons, loyalty programs,
customer relationship management, and other supplemental marketing programs) applicable to the System as a whole or to specific advertising market areas. These promotional campaigns may also promote, or involve the participation of, restaurants or businesses other than Shoppes, such as restaurants or businesses operated under different brands that are operated or licensed by our affiliates. You are required to participate in these promotional programs at your own cost, including the costs to purchase, lease and install all materials necessary to the promotional campaigns, including counter cards, posters, banners, signs, photographs, give-away items, and gift cards.
Except as otherwise provided in the Manuals, you may use only Advertising and Promotional Content that we have furnished or approved in writing in advance. "Advertising and Promotional Content" includes all advertising, marketing, promotional, customer relationship management, public relations, and other brand-related programs, materials, and content relating to the Shoppe, the Marks, or the Approved Products, including (i) any branded materials (such as business cards, signs, counter cards, banners, posters, displays, window clings, and in-store messaging), (ii) press releases, (iii) printed materials (such as leaflets, direct mail materials, coupons, and published advertisements), (iv) promotional items (such as branded specialty and novelty items, products, and clothing), (v) audio or video advertising (such as radio, television, or podcast ads or online video postings), and (vi) Digital Marketing (as defined below). You must ensure that all Advertising and Promotional Content that you or your agents or representatives develop or implement related to the Shoppe is (a) clear, factual, ethical, and not misleading, (b) complies with all laws, and (c) conforms to our Standards and the advertising and marketing policies that we periodically specify.
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 may make available approved advertising and promotional materials for franchisees to purchase. However, Carvel is not obligated to conduct any advertising in a franchisee's market. Carvel formulates, develops, produces, and conducts advertising or promotional programs in forms and media that it determines to be most effective.
Carvel or the Advertising Cooperative may establish temporary or permanent promotional campaigns applicable to the Carvel system or specific advertising market areas. Franchisees are required to participate in these promotional programs at their own cost, including the costs to purchase, lease, and install all necessary materials such as counter cards, posters, banners, signs, photographs, give-away items, and gift cards.
Except as provided in the manuals, franchisees may only use advertising and promotional content that Carvel has furnished or approved in writing in advance. This content includes all advertising, marketing, promotional, customer relationship management, public relations, and other brand-related programs, materials, and content relating to the Shoppe, the Marks, or the Approved Products.