What aspects of email advertisements or solicitations require Chicken Guy's written consent for a Chicken Guy franchisee?
Chicken_Guy Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees not to transmit or cause any other party to transmit advertisements or solicitations by e-mail or other electronic media without first obtaining Chicken Guy's written consent as to: (a) the content of such e-mail advertisements or solicitations; and (b) Franchisee's plan for transmitting such advertisements.
Franchisee acknowledges and agrees that any consent provided by Chicken Guy pursuant to this Section 15 shall be solely for the purpose of assuring compliance with Chicken Guy's standards and shall not be construed as any express or implied representation or warranty that the Electronic Identifier or its proposed content complies with any applicable laws, codes or regulations.
In addition to any other provision of this Agreement, Franchisee will be solely responsible for compliance with any laws pertaining to sending e-mails including but not limited to the Controlling the Assault of Non-Solicited Pornography and Proprietary Marketing Act of 2003 (known as the "CAN-SPAM Act of 2003").
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Chicken Guy's 2025 Franchise Disclosure Document, a franchisee must obtain written consent from Chicken Guy before transmitting advertisements or solicitations via email or other electronic media. This consent is required for two specific aspects: the content of the email advertisements or solicitations, and the franchisee's plan for transmitting these advertisements.
This requirement allows Chicken Guy to maintain brand consistency and ensure that all marketing efforts align with the company's standards. By controlling the content and transmission plans, Chicken Guy can prevent franchisees from sending out misleading or inappropriate advertisements that could damage the brand's reputation. This also helps ensure compliance with relevant advertising laws and regulations.
However, the FDD clarifies that any consent provided by Chicken Guy is solely to ensure compliance with their standards and does not constitute a warranty that the electronic identifier or its content complies with applicable laws. The franchisee remains solely responsible for compliance with all laws pertaining to sending emails, including the CAN-SPAM Act of 2003. Therefore, franchisees must independently verify the legality of their email marketing campaigns.
This provision highlights the importance of communication and collaboration between the franchisee and Chicken Guy regarding marketing efforts. While franchisees have the opportunity to engage in email marketing, they must adhere to Chicken Guy's guidelines and secure prior approval to ensure brand protection and legal compliance.