conditional

Under what conditions is a Casiola franchisee required to participate in an Advertising Cooperative?

Casiola Franchise · 2024 FDD

Answer from 2024 FDD Document

to the System, including in relation to the sale of Casiola Business franchises; and

  • (5) Franchisee grants to Franchisor the right to use of Franchisee's financial data and information related to the financial performance of the Franchised Business for reporting purposes within Franchisor's publicly issued and published Franchise Disclosure Document, including in relation to the sale of franchises.

9.C. ADVERTISING COOPERATIVE

At all times Franchisor, in Franchisor's Reasonable Business Judgment, possesses the right to authorize, establish, designate and de-authorize a local or regional advertising cooperative within those markets that Franchisor designates (the "Advertising Cooperative"). Franchisee agrees that Franchisor possesses the sole and exclusive right to designate any geographic area in which two or more Casiola Business franchises are located as a region for the purpose of establishing an Advertising Cooperative. If Franchisee's Casiola Business or Operating Market is located within the geographic area of an Advertising Cooperative, franchisee must participate in and contribute to the Advertising Cooperative. Franchisee agrees to the following:

  • (1) If Franchisor previously instituted or, in the future, institutes an Advertising Cooperative that includes, in whole or in part, Franchisee's Operating Market or Franchisee's Casiola Business Location, Franchisee shall participate in and make such on-going financial contributions to the Advertising Cooperative, as determined by the Advertising Cooperative;
  • (2) Franchisor may establish foundational and organizational requirements of the Advertising Cooperative including voting provisions that allows the Advertising Cooperative to make decisions based on the simple majority vote (one vote per franchisee Casiola Business located within the designated area of the Advertising Cooperative) with a quorum constituting 25% of those franchisees within the Advertising Cooperative;
  • (3) Unless otherwise authorized and approved by Franchisor in writing, each Advertising Cooperative shall be organized for the exclusive purpose of administering marketing programs and the development of media (all subject to the review and approval of Franchisor) for use by members of the Advertising Cooperative in local or regional marketing;
  • (4) If at the time of execution of this Agreement an Advertising Cooperative has been established for a geographic area that includes, in whole or in part, Franchisee's Casiola Business location or Operating Market, or if such Advertising Cooperative is established during the Term of this Agreement, Franchisee shall fully participate in the Advertising Cooperative and Franchisee shall execute, at the request of Franchisor, all documents required by Franchisor and Franchisee shall become a member of the Advertising Cooperative subject to the terms of those documents;
  • (5) Franchisee shall contribute to the Advertising Cooperative in the amounts as determined and required by the Advertising Cooperative or, otherwise in accordance with those documents governing the operation of the Advertising Cooperative;

Source: Item 23 — RECEIPTS (FDD pages 47–209)

What This Means (2024 FDD)

According to Casiola's 2024 Franchise Disclosure Document, a franchisee is required to participate in an Advertising Cooperative under specific conditions. If Casiola institutes an Advertising Cooperative that includes the franchisee's Operating Market or Casiola Business location, the franchisee must participate and contribute financially as determined by the cooperative. This participation is mandatory if an Advertising Cooperative already exists for the franchisee's area at the time of signing the Franchise Agreement or if one is established during the agreement's term.

Casiola retains the right to authorize, establish, designate, and de-authorize local or regional advertising cooperatives in markets they designate. The franchisor has the exclusive right to designate any geographic area with two or more Casiola Business franchises as a region for establishing an Advertising Cooperative. If a franchisee's business or operating market falls within such an area, participation and contribution are mandatory.

The franchisee's financial contributions to the Advertising Cooperative are capped at the franchisee's local minimum marketing obligations as outlined in Article 9.B of the Franchise Agreement. Contributions to the Advertising Cooperative count toward fulfilling these minimum local marketing obligations. Franchisees must also submit required statements and reports to both the Advertising Cooperative and Casiola, and all marketing materials and plans are subject to Casiola's review and approval. Casiola businesses owned by the franchisor or its affiliates within the Advertising Cooperative's area are not required to contribute.

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.