Is the franchisee required to follow Counselor Realty's advice regarding the maintenance of the Marks?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
- b. Counselor will advise you about proper display and maintenance of the Marks, procuring fixtures and initial inventories, and Counselor's business procedures. Franchise Agreement, Section 6.2.
- c. A copy of Counselor's Franchise Policy Guidelines will be available at Counselor's corporate office in Coon Rapids, Minnesota. Counselor may change the Franchise Policy Guidelines from time to time. Franchise Agreement, Section 6.1. The table of contents of the current Counselor Franchise Policy Guidelines is set forth below.
You may develop advertising materials for your own use, at your own expense. Advertising materials and media (including print, audio, video, website and computer-transmitted media) must conform at all times to Counselor's brand standard and image. If Counselor determines, in its sole discretion, that any advertising materials or media do not conform to Counselor's brand standard or image, you will alter or remove any such advertising materials or media, as directed in writing by Counselor. You have the option to develop your own website as part of your overall promotion strategy. Your use of Counselor's trademarks in any advertising materials and media must conform at all times to the requirements set forth in the Franchise Agreement. Counselor does not currently require any advertising materials or media to be approved by Counselor prior to you using them, but reserves the right to review and approve any advertising materials or media (and to require you to alter or cease using all or any portion of such advertising materials or media it does not approve).
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 17–21)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, Counselor Realty will advise franchisees about the proper display and maintenance of its Marks. While Counselor Realty offers this advice, the FDD does not explicitly state that franchisees are required to follow it.
However, the FDD states that advertising materials and media must conform at all times to Counselor Realty's brand standard and image. If Counselor Realty determines, in its sole discretion, that any advertising materials or media do not conform to Counselor Realty's brand standard or image, the franchisee will alter or remove any such advertising materials or media, as directed in writing by Counselor Realty. The franchisee's use of Counselor Realty's trademarks in any advertising materials and media must conform at all times to the requirements set forth in the Franchise Agreement.
Therefore, while franchisees may not be explicitly required to follow all advice regarding the maintenance of the Marks, they are obligated to adhere to Counselor Realty's brand standards and image in all advertising and media. Failure to do so could result in the franchisee being required to alter or remove non-conforming materials. Prospective franchisees should clarify with Counselor Realty the extent to which its advice on mark maintenance is mandatory and the potential consequences of non-compliance.