Who has the authority to determine the selection of advertising materials and programs for Cool Binz?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
We will use the Brand Marketing Fees, in our sole discretion, to develop, produce and distribute national, regional and/or local advertising and to create advertising materials and public relations programs which promote, in our sole judgment, the services offered by COOL BINZ franchisees. The advertising and marketing conducted through the Brand Marketing Fund is a combination of in-house marketing materials and through national agencies. We have the sole right to determine contributions and expenditures from the Brand Marketing Fund, or any other advertising program, and the sole authority to determine, without limitation, the selection of the advertising materials and programs; provided, however, that we will make a good faith effort to expend Brand Marketing Fees in the general best interests of the System on a national or regional basis. We may use the Brand Marketing Fund to satisfy any and all costs of maintaining, administering, directing, preparing, producing, and implementing advertising, including the cost of: (i) preparing, producing, and implementing television, radio, magazine and newspaper advertising campaigns, the cost of direct mail and outdoor billboard advertising; (ii) public relations activities and advertising agencies; (iii) developing and maintaining an Internet website; and personnel and other departmental costs for advertising that we internally administer or prepare. Nevertheless, we acknowledge that not all System franchisees will benefit directly or on a pro rata basis from such expenditures, and we do not have any obligation to spend any amount on advertising in your Territory. While we do not anticipate that the Brand Marketing Fund will be used for advertising which is principally a solicitation for franchisees, we reserve the right to use the Brand Marketing Fund for public relations or recognition of the "COOL BINZ" brand, for the creation and maintenance of a website, a portion of which can be used to explain the franchise offering and solicit potential franchisees, and to include a notation in any advertisement indicating "Franchises Available."
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 36–45)
What This Means (2025 FDD)
According to Cool Binz's 2025 Franchise Disclosure Document, Cool Binz has the sole authority to determine the selection of advertising materials and programs. Cool Binz uses Brand Marketing Fees, at its sole discretion, to develop, produce, and distribute advertising at the national, regional, and local levels. This includes creating advertising materials and public relations programs to promote the services offered by Cool Binz franchisees. The advertising and marketing are conducted both in-house and through national agencies.
Cool Binz has the sole right to determine contributions and expenditures from the Brand Marketing Fund or any other advertising program. While Cool Binz will make a good faith effort to expend Brand Marketing Fees in the general best interests of the System on a national or regional basis, not all franchisees will benefit directly or on a pro rata basis from such expenditures, and Cool Binz does not have any obligation to spend any amount on advertising in a franchisee's specific territory.
Even though the Brand Marketing Fund is not anticipated to be used for advertising which is principally a solicitation for franchisees, Cool Binz reserves the right to use the Brand Marketing Fund for public relations or recognition of the Cool Binz brand, for the creation and maintenance of a website, a portion of which can be used to explain the franchise offering and solicit potential franchisees, and to include a notation in any advertisement indicating "Franchises Available."