If Counselor Realty approves advertising materials, does that mean the franchisee must use them?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
You may (but are not required to) purchase promotional materials prepared by or for Counselor, at prices periodically established by Counselor, for use in your Business. Counselor may use in-house, affiliated, or outside advertising agencies. Advertising may be in print, on radio and/or television and/or Internet or other computer related media, and generally is local or regional in scope.
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, franchisees have the option to purchase promotional materials prepared by or for Counselor Realty, but they are not required to do so. Franchisees can develop their own advertising materials at their own expense. However, all advertising materials and media, including print, audio, video, websites, and computer-transmitted media, must conform to Counselor Realty's brand standards and image.
Counselor Realty does not currently require franchisees to have advertising materials approved before use, but they reserve the right to review and approve any advertising materials or media. If Counselor Realty determines that any advertising materials or media do not conform to their brand standard or image, the franchisee will be required to alter or remove the non-conforming materials as directed in writing by Counselor Realty.
This means that while Counselor Realty offers advertising support and materials, franchisees have flexibility in their advertising approach, provided they adhere to brand standards. The franchisee bears the risk that advertising materials they develop may need to be altered or removed if Counselor Realty deems them non-compliant with brand standards. This policy allows franchisees to tailor their advertising to their local market while maintaining a consistent brand image for Counselor Realty.