Does the Cinnaholic franchise agreement require franchisor approval of advertising materials?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
11.5. Approval of Advertising. Any and all advertising and marketing materials (whether developed in connection with an Advertising Cooperative or otherwise) not prepared or previously approved by Franchisor shall be submitted to Franchisor at least two weeks before any publication or run date for approval, which may be arbitrarily withheld. Franchisor may grant or withhold its approval, in its sole discretion. Franchisor will provide Franchisee with written notification of its approval or disapproval within a reasonable time. In the event Franchisor does not notify Franchisee of its approval or disapproval within 10 days of Franchisor's receipt of the materials, the materials shall be deemed approved. Franchisee must discontinue the use of any approved advertising within five days of Franchisee's receipt of Franchisor's request to do so. No digital marketing, advertising or promotion by Franchisee shall be conducted on or through the Internet/world wide web or other electronic transmission via computer without express prior written approval by Franchisor, including all social media sites. Franchisee shall monitor and control its employees so they make no social media postings using the Marks without obtaining Franchisor's prior written approval. Franchisee understands and agrees that franchisee's compliance with Franchisor's social media policies and controls is essential to maintenance of the CINNAHOLIC® brand. Without limiting the generality of the foregoing, Franchisee, without the express prior written approval of Franchisor, shall not operate, or permit to be operated on its behalf, any internet or world wide web site or page which incorporates any of the Marks or otherwise promotes the Bakery. All advertising and promotion by Franchisee must be factually accurate and shall not detrimentally affect the Marks or the CINNAHOLIC® System, as determined in Franchisor's sole discretion.
Source: Item 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, franchisees must obtain approval from Cinnaholic for any advertising and marketing materials not already prepared or approved by the franchisor. Franchisees are required to submit these materials at least two weeks before their intended publication date. Cinnaholic has the right to arbitrarily withhold approval at its sole discretion.
The FDD specifies that Cinnaholic will provide written notification of approval or disapproval within a reasonable time frame. If the franchisee does not receive notification within 10 days of Cinnaholic's receipt of the materials, the advertising is considered approved. However, Cinnaholic retains the right to request that a franchisee discontinue the use of any previously approved advertising, and the franchisee must comply within five days of receiving such a request.
Furthermore, the FDD states that franchisees must obtain express prior written approval from Cinnaholic for any digital marketing, advertising, or promotion conducted on the internet, including social media. Franchisees are also responsible for ensuring their employees do not make social media postings using Cinnaholic's trademarks without prior written approval. Franchisees are prohibited from operating any website or webpage that incorporates Cinnaholic's trademarks or promotes the bakery without express prior written approval from Cinnaholic. All advertising and promotion must be factually accurate and must not negatively impact Cinnaholic's trademarks or the Cinnaholic system.