Does Cool Binz have sole discretion in approving or disapproving advertising materials?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
You must also spend a minimum of 10% of Gross Sales annually on local advertising until your fleet of Portable Equipment containers are at least 80% rented and then, at that point, you are required to spend at least 5% of Gross Sales annual on local advertising. You must use our approved advertising and marketing materials, or receive our written approval of any and all other advertising and marketing materials before their first use. We reserve the right to designate one or more approved supplier(s) for all advertising and marketing materials. In order to obtain approval of advertising and marketing materials, you must submit such proposed advertising material to us for review at least ten business days before the proposed first use. If we take no action within such ten business day period, the materials shall be deemed disapproved and you may not use such materials. The approval or disapproval is in our sole discretion. We also may, in our sole discretion, require you to immediately discontinue use of any advertising or marketing materials at any time, even if previously approved or provided by us. All advertising and marketing materials must meet our then-current standards and specifications. We may, in our sole discretion, offer and sell advertising, marketing, and promotional materials at any time. Certain items, such as your truck, yard signs and furnace stickers must reference the COOL BINZ national toll free number. You may not alter or remove reference to the national toll free number. You have no obligation to purchase any of these materials or forms from us, but you may be required to purchase such materials from approved or designated suppliers, or participate in our local marketing programs, like our call center and/or direct mail solicitations at your expense. (Section 2.G of the Franchise Agreement).
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to Cool Binz's 2025 Franchise Disclosure Document, Cool Binz retains sole discretion in approving or disapproving advertising and marketing materials. Franchisees are required to use Cool Binz's approved advertising and marketing materials or obtain written approval for any other materials before their first use. To seek approval, franchisees must submit proposed advertising materials for review at least ten business days before the intended first use. If Cool Binz does not respond within this ten-business-day period, the materials are considered disapproved.
Cool Binz also reserves the right to demand the immediate discontinuation of any advertising or marketing materials, even if previously approved or provided. All advertising and marketing materials must adhere to Cool Binz's current standards and specifications. Cool Binz may offer and sell advertising, marketing, and promotional materials at any time. Certain items, such as truck signage, yard signs, and furnace stickers, must include Cool Binz's national toll-free number, which franchisees cannot alter or remove.
While franchisees are not obligated to purchase advertising materials from Cool Binz, they may be required to purchase them from approved or designated suppliers or participate in local marketing programs, such as call centers or direct mail solicitations, at their own expense. This level of control is common in franchising to maintain brand consistency and quality. Cool Binz also has sole discretion and control over the franchisee's customized website connected to Cool Binz's website, including timing, design, contents, and continuation. Franchisees cannot implement their own website or URL for the Cool Binz business, either themselves or through a third-party provider.
Cool Binz requires franchisees to establish and maintain a presence on social media in accordance with System Standards. Franchisees must obtain prior written approval of the content to be posted on such social media pages. If approval is granted, franchisees must operate the social media pages in accordance with System Standards and any other policies designated in the Operations Manuals or in writing. Cool Binz recommends, but does not require, that franchisees update their social media pages at least monthly.