Can Cool Binz require a franchisee to discontinue using previously approved advertising materials?

According to Cool Binz's 2025 Franchise Disclosure Document, Cool Binz retains the right to require franchisees to discontinue the use of any advertising or marketing materials at any time, even if those materials were previously approved or provided by Cool Binz. All advertising and marketing materials must adhere to Cool Binz's current standards and specifications. This applies to all advertising, marks, identification, or DBAs used by the franchisee.

This provision grants Cool Binz significant control over the franchisee's advertising and marketing efforts. Even after a franchisee has received approval for specific materials, Cool Binz can mandate their immediate removal. This could lead to unexpected costs for the franchisee, who may have invested in these materials. It is important for prospective franchisees to understand that Cool Binz can change its marketing standards and specifications at any time, and franchisees must comply with these changes.

Cool Binz also has the right to modify or discontinue the use of any mark and/or use one or more additional or substitute names or marks. Franchisees must comply with Cool Binz's direction no later than ten days after receiving notice. Cool Binz will not be liable for any expenses, losses, or damages the franchisee sustains as a result of any such addition, modification, substitution, or discontinuance of a Mark. The franchisee must not commence or join in any litigation or other proceeding against Cool Binz for any such expenses, losses, or damages.

This level of control is not uncommon in franchising, as franchisors seek to maintain brand consistency and protect their trademarks. However, the potential for previously approved materials to be disallowed at any time represents a risk for Cool Binz franchisees. Prospective franchisees should carefully consider this aspect of the franchise agreement and discuss with Cool Binz what recourse they have if previously approved materials are later disallowed.