Does Carvel require franchisees to submit all proposed advertising and promotional content for approval, and are there any exceptions to this requirement?
Carvel Franchise · 2025 FDDAnswer from 2025 FDD Document
ill be deemed to be our sole and exclusive property, part of the System and the Intellectual Property, and works made-for-hire for us. To the extent any Innovation does not qualify as a work made-for-hire for us, by this Section you assign ownership of that Innovation, and all related rights to that Innovation, to us and agree to sign (and to cause your Owners, employees, and contractors to sign) whatever assignment or other documents we request to evidence our ownership or to help us obtain intellectual property rights in the Innovation. We and our affiliates have no obligation to make any payments to you or any other person with respect to any Innovations. You may not use any Innovation in operating the Franchised Business or otherwise without our prior approval.
10. ADVERTISING AND PROMOTION
10.1 Local Advertising, Marketing and Promotion.
A. Advertising Standards. 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 Franchised Business, 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 in Section 10.2 (Digital Marketing)). You must ensure that all Advertising and Promotional Content that you or your agents or representatives develop or implement related to the Franchised Business 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. You may not market or advertise in violation of federal laws regulating advertising, such as the CAN-SPAM Act and the TCPA, and state advertising laws applicable to your Franchised Business.
B. Submission and Review of Proposed Content. Except as otherwise provided in the Manuals and for Advertising and Promotional Content that we furnish to you, you must submit to us for our written approval, before use, copies of all proposed Advertising and Promotional Content that you intend to use or implement. We have the right to approve or disapprove any Advertising and Promotional Content, as well as the media in which intend to use them, in our sole discretion. We reserve the right to require you to discontinue the use of any Advertising and Promotional Content for any reason.
C. Grand Opening Advertising.
- (i) Grand Opening Obligation.
Source: Item 23 — Receipts (FDD pages 100–353)
What This Means (2025 FDD)
According to Carvel's 2025 Franchise Disclosure Document, franchisees must generally obtain written approval from Carvel for all advertising and promotional content before it is used. This requirement extends to all advertising, marketing, promotional, customer relationship management, public relations, and other brand-related programs and materials related to the franchised business, marks, or approved products. This includes branded materials, press releases, printed materials, promotional items, audio or video advertising, and digital marketing. Carvel retains the right to approve or disapprove any advertising and promotional content, as well as the media in which it is used, at its sole discretion and can also require franchisees to discontinue using any advertising content for any reason.
There are exceptions to this requirement. Franchisees are not required to seek approval for advertising and promotional content that Carvel furnishes to them. Additionally, the manuals may outline other exceptions. Carvel also requires that all proposed advertising and promotional materials produced by or on behalf of Advertising Cooperatives must be submitted for written approval before use. Carvel may suspend or terminate an Advertising Cooperative's program or operations with 30 days' written notice.
This level of control over advertising content is common in franchising to maintain brand consistency and protect the brand's image. However, it also means that Carvel franchisees have limited autonomy in their local marketing efforts and must adhere to Carvel's standards and policies. Franchisees need to factor in the time required for submitting and receiving approval for advertising materials when planning marketing campaigns. The franchisee is also responsible for ensuring that all advertising and promotional content is clear, factual, ethical, and compliant with all laws.