For a Cinnaholic franchise, what is the purpose of the Advertising Fund?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
sing Fund (as such term is hereinafter defined). The Advertising Fee shall be the same for all CINNAHOLIC® franchisees. Payment of the Advertising Fee shall be made on or before Tuesday of each week and be based upon Gross Sales of the Bakery for the preceding week. Advertising Fees shall be paid concurrently with the payment of the Royalty Fees.
The Advertising Fee will be expended for the benefit of Franchisor, Franchisee and all other franchisees or users of the CINNAHOLIC® for the production or purchase of such radio, television, print and/or other advertising materials or services as Franchisor deems necessary or appropriate, in its sole discretion, on a national, regional or local basis (the "Advertising Fund"). The expenditure of such funds for advertising is to be under the control of, and in the discretion of, Franchisor at all times, or such other entities designated by Franchisor. Franchisee understands and acknowledges that the Advertising Fund is intended to maximize and support general public recognition, brand identity, sales and patronage of CINNAHOLIC® Bakeries for the benefit of all CINNAHOLIC® Bakeries and that Franchisor undertakes no obligation to ensure that the Advertising Fund benefits each CINNAHOLIC® Bakery in proportion to its respective contributions. Franchisor agrees that all funds contributed to the Advertising Fund may be used to meet any and all costs (including, without limitation, reasonable salaries and overhead incurred by Franchisor) of maintaining, administering, directing and preparing national, regional or local advertising materials, programs and public relations activities including, without limitation, the costs of preparing and conducting television, radio, magazine, billboard, newspaper, direct response literature, direct mailings, brochures, collateral advertising material, implementing websites for Franchisor and/or its franchises, surveys of advertising effectiveness and other media programs and activities, employing advertising agencies to assist therewith and providing promotional brochures, decals and other marketing materials.
The Advertising Fund shall be established as a separate banking account and monies received shall be accounted for separately from Franchisor's other funds and shall not be used to defray any of Franchisor's general operating expenses, except for such reasonable salaries, administrative costs and overhead as Franchisor may incur in activities reasonably related to the administration or direction of the Advertising Fund and its advertising programs (including, without limitation, conducting market research, preparing advertising and promotional materials, collecting and accounting for contributions to the Advertising Fund, paying for the preparation and distribution of financial statements, legal and accounting fees and expenses, taxes, and other reasonable direct and indirect expenses incurred by Franchisor or its authorized representatives in connection with programs funded by the Advertising Fund). The Advertising Fund will not be Franchisor's asset. A financial statement of the operations of the Advertising Fund shall be prepared annually, and shall be made available to Franchisee upon request.
Source: Item 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, the Advertising Fund is used for the benefit of the franchisor, franchisees, and other users of the Cinnaholic brand. The fund is intended to maximize and support general public recognition, brand identity, sales, and patronage of Cinnaholic bakeries. The franchisor emphasizes that the fund aims to benefit all Cinnaholic bakeries, and there is no obligation to ensure that each bakery benefits in direct proportion to its contributions.
The franchisor has control over how the Advertising Fund is spent and can use it to cover various costs, including salaries, administrative expenses, and overhead related to advertising programs. These programs may include television, radio, magazine, billboard, newspaper, direct response literature, direct mailings, brochures, websites, and other media. The franchisor may also employ advertising agencies and provide promotional materials.
The Advertising Fund is established as a separate banking account, and its monies are accounted for separately from the franchisor's other funds. The funds are not used for the franchisor's general operating expenses, except for reasonable salaries, administrative costs, and overhead related to administering the Advertising Fund and its advertising programs. A financial statement of the Advertising Fund's operations is prepared annually and made available to franchisees upon request. The franchisor may spend more or less than the aggregate contribution of all Cinnaholic bakeries in any fiscal year and may borrow or invest funds to cover deficits or surpluses. All interest earned on monies contributed to the Advertising Fund will be used to pay advertising costs before other assets of the fund are expended.