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What happens if a Casiola franchisee uses unapproved marketing materials?

Casiola Franchise · 2024 FDD

Answer from 2024 FDD Document

Generally All advertising, marketing, marketing materials and all marketing mediums used by you in the marketing and promotion of the Franchised Business must be pre-approved by us in writing and conform to our standards and specifications. You may only use those advertising and marketing materials and mediums that we designate and approve in writing. In our discretion we may make available to you approved marketing templates comprised of pre-approved ads, ad copy and digital media that you may utilize at your own expense. If you wish to utilize marketing materials and/or marketing mediums that are not currently approved by us in writing, you may submit a written request requesting permission and we will approve or disapprove of your request within 15 days of your submission of the written request and sample marketing materials. We are not required to conduct any advertising or spend any amount on your behalf on advertising in your Operating Market. (Franchise Agreement, Article 9);

    1. Franchisee Directed Local Marketing You are not authorized to engage in any marketing unless it is preapproved by us, in our discretion. (Franchise Agreement, Article 9.B.). You are required to engage in local marketing and you are required to commit specific minimum amount of funds to your local marketing efforts. We will make available to you and provide you with access, in the form of a source document, to our approved marketing campaigns, media, and messaging that may be used by you. In those instances where we provide you with access to our marketing campaigns, we provide you with the source designs, copy, and design specifications. However, you will incur the direct costs associated with customizing, duplicating and using such marketing campaigns and having them printed, distributed and placed with media sources. (Franchise Agreement, Article 9);
    1. Digital Media and Website All digital media and marketing must be approved by us. We will designate for your Operating Market information about your Casiola Business on the www.casiola.com website or such other websites as we may designate for the System. (Franchise Agreement, Article 9.F.);

Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 25–30)

What This Means (2024 FDD)

According to Casiola's 2024 Franchise Disclosure Document, all advertising, marketing materials, and mediums used by a franchisee must be pre-approved in writing by Casiola and conform to their standards. Franchisees may only use advertising and marketing materials that Casiola designates and approves in writing. Casiola may provide approved marketing templates, including pre-approved ads, ad copy, and digital media, for franchisees to use at their own expense.

If a Casiola franchisee wants to use marketing materials not already approved, they must submit a written request with sample materials. Casiola will then approve or disapprove the request within 15 days. Casiola is not obligated to conduct any advertising or spend any amount on advertising in the franchisee's operating market.

Casiola maintains strict control over the use of websites and digital media by franchisees, requiring franchisees to assign all website and digital media accounts to them. Franchisees are not allowed to engage in any marketing unless it is pre-approved by Casiola. Casiola will establish, update, and communicate its standards for marketing and promotion, including the marketing media that franchisees are allowed to use. Casiola maintains full discretion over these marketing standards and media.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.