Does a Chicken Guy franchisee need written consent from Chicken Guy to transmit advertisements by email?
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").
- (4) Notwithstanding this Section 15.C., Chicken Guy in its sole discretion and upon notice to Franchisee, may elect to register and own any domain name(s) or other Electronic Identifiers intended to be used by Franchisee in connection with its Franchised Restaurant.
In such case, Chicken Guy will provide Franchisee all administrative access to the Electronic Identifier(s) and Franchisee shall be
solely responsible for content development and creation, and maintenance thereof, in accordance with this Section 15. Franchisee shall reimburse Chicken Guy for all out-of-pocket costs and expenses incurred by Chicken Guy in connection with the registration or renewal of any Electronic Identifier immediately upon Franchisee's receipt of an invoice therefor.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Chicken Guy Franchise Disclosure Document, a franchisee must obtain written consent from Chicken Guy before transmitting advertisements or solicitations by email or other electronic media. This consent is required for both the content of the email advertisements or solicitations and the franchisee's plan for transmitting such advertisements.
This requirement ensures that all email marketing efforts align with Chicken Guy's standards and brand image. However, Chicken Guy explicitly states that its consent does not guarantee compliance with applicable laws, codes, or regulations. The franchisee remains solely responsible for adhering to all laws pertaining to sending emails, including the CAN-SPAM Act of 2003.
Chicken Guy also retains the right to designate the email addresses and other electronic identifiers that franchisees must use for their franchised restaurant's business, unless otherwise approved. Furthermore, Chicken Guy can elect to register and own any domain names or other electronic identifiers intended for the franchisee's use, providing the franchisee with administrative access while the franchisee remains responsible for content development and reimbursing Chicken Guy for registration costs.