What happens if Chocolate Bash does not respond to a franchisee's advertising submission?
Chocolate_Bash Franchise · 2024 FDDAnswer from 2024 FDD Document
Your own advertising material. You may use your own advertising or marketing material only with our approval. To obtain our approval, you must submit any proposed advertising or marketing material at least 14 days prior to use. If we do not respond, the material is deemed rejected. If you develop any advertising or marketing materials, we may use those materials for any purpose, without any payment to you.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 19–25)
What This Means (2024 FDD)
According to Chocolate Bash's 2024 Franchise Disclosure Document, franchisees must obtain approval from Chocolate Bash before using their own advertising or marketing materials. To get this approval, franchisees must submit the proposed advertising or marketing material to Chocolate Bash at least 14 days before its intended use. If Chocolate Bash does not respond to the submission within this 14-day period, the material is considered rejected.
This means a Chocolate Bash franchisee cannot use the advertising material if Chocolate Bash fails to respond within the specified timeframe. The franchisee bears the risk of delayed or rejected advertising if they do not allow sufficient time for Chocolate Bash's review. This requirement ensures that all advertising aligns with the brand's standards, but it also places a responsibility on the franchisee to plan ahead and submit materials well in advance.
Furthermore, Chocolate Bash retains the right to use any advertising or marketing materials developed by a franchisee for any purpose without providing any payment to the franchisee. This clause gives Chocolate Bash broad rights over franchisee-created content, which could be a significant consideration for franchisees investing time and resources into developing their own marketing materials.