factual

Which articles in the Cordova franchise agreement relate to advertising for a Cordova franchise?

Cordova Franchise · 2025 FDD

Answer from 2025 FDD Document

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Advertising

    1. Generally All advertising, marketing, marketing materials and all marketing mediums used by you in the marketing and promotion of the Franchised Business must be pre-approved by us in writing and conform to our standards and specifications. You may only use those advertising and marketing materials and mediums that we designate and approve in writing. In our discretion we may make available to you approved marketing templates comprised of pre-approved ads, ad copy and digital media that you may utilize at your own expense. If you wish to utilize marketing materials and/or marketing mediums that are not currently approved by us in writing, you may submit a written request requesting permission and we will approve or disapprove of your request within 15 days of your submission of the written request and sample marketing materials. We are not required to conduct any advertising or spend any amount on your behalf on advertising in your operating territory. (Franchise Agreement, Article 9);
    1. Franchisee Directed Local Marketing You are not authorized to engage in any marketing unless it is preapproved by us, in our discretion. (Franchise Agreement, Article 9.B.). You are required to engage in local marketing and you are required to commit specific minimum amount of funds to your local marketing efforts. We will make available to you and provide you with access, in the form of a source document, to our approved marketing campaigns, media, and messaging that may be used by you. In those instances where we provide you with access to our marketing campaigns, we provide you with the source designs, copy, and design specifications. However, you will incur the direct costs associated with customizing, duplicating and using such marketing campaigns and having them printed, distributed and placed with media sources. (Franchise Agreement, Article 9);
    1. Digital Media and Website All digital media and marketing must be approved by us. We will designate for your Operating Territory information about your Cordova Business on the www.cordovafranchising.com webpage or such other websites as we may designate for the System. (Franchise Agreement, Article 9.F.);
    1. Brand Development Fund We may control and administer a brand development fund (the "Brand Development Fund") (Franchise Agreement, Article 9.A.). As disclosed in Item 6 of this Disclosure Document, you must contribute a monthly sum not to exceed 2% of your monthly Gross Sales to the Brand Development Fund. We may use the Brand Development Fund for market studies, research, service development, product development, testing, research studies, technology development, advertising and public relations studies or services, creative production and printing of advertising and marketing materials, advertising copy and commercials, tracking costs, agency fees, advertising councils, franchisee advisory councils, administrative costs, which may include reimbursement for direct administrative and personnel costs associated with advertising and public relations, and any other costs associated with the development, marketing and testing of advertising, marketing and public relations materials, and the purchase of media placement, advertising time and public relations materials in national, regional or other advertising and public relations media in a manner determined by us, in our discretion, to be in the best interest of the franchisees and the System. Our company and/or affiliate owned Cordova Businesses may but are not required to contribute to the Brand Development Fund. The Brand Development Fund will be required to maintain unaudited financial records detailing its expenditures and will make available to you (no more frequently than one time in any 12-month period) an unaudited accounting of how the monies contributed to the Brand Development Fund were spent each year. We are not required to segregate the Brand Development Fund from our general operating funds and we are not a fiduciary or trustee of the Brand Development Fund. The Brand Development Fund will not be used to directly promote your Cordova Business or the marketing area in which your Cordova Business will be located. (Franchise Agreement, Article 9.A.). We may utilize the Brand Development Fund to develop and test various media and technologies for potential utilization and/or improvement of the operations of Cordova Businesses and the marketing of Cordova Businesses.

Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD page 22)

What This Means (2025 FDD)

According to Cordova's 2025 Franchise Disclosure Document, several articles within the franchise agreement pertain to advertising. Article 9 generally covers advertising, marketing, and marketing materials, requiring franchisee advertising to be pre-approved by Cordova and conform to their standards. Article 9.B addresses franchisee-directed local marketing, stipulating that franchisees are not authorized to engage in marketing without pre-approval and must commit a specific minimum amount of funds to local marketing efforts. Article 9.F concerns digital media and websites, stating that all digital media and marketing must be approved by Cordova, and Cordova will designate information about the franchisee's business on the company website. Article 9.A discusses the Brand Development Fund, which Cordova may control and administer. Article 9.C relates to Advertising Cooperative contributions.

Article 4.B also relates to marketing standards and approval, stating that Cordova will establish, update, and communicate its standards for marketing and promotion, including the marketing media that franchisees may use. Cordova maintains full discretion over these marketing standards. Article 3.G concerns website and digital media, stating that Cordova strictly controls how franchisees may use websites and digital media and requires franchisees to assign all website media and digital media accounts to them.

These articles collectively outline the scope of Cordova's control over advertising and marketing activities undertaken by franchisees. Prospective franchisees should carefully review these sections to understand the limitations and requirements regarding advertising, including the approval processes, mandatory contributions, and restrictions on digital media usage. Understanding these obligations is crucial for budgeting and planning marketing strategies for their Cordova franchise.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.