Does Counselor Realty have the right to veto decisions made by the Regional Advertising Committee?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
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The Regional Advertising Group, administered by its Advertising Committee, will conduct its own marketing activities in the manner it deems most appropriate, and make its own decisions regarding creative work, media purchases, scope of advertising, and other matters. Upon your request, your Regional Advertising Committee will provide you annually a summary of receipts
and expenditures of your Regional Advertising Group, including the Regional Advertising Committee's administrative expenses (if any).
Counselor conducts various marketing activities periodically, including research, creative work, media purchasing, tracking, public relations, promotions, and advertising. 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.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 17–21)
What This Means (2025 FDD)
According to the 2025 Counselor Realty Franchise Disclosure Document, the Regional Advertising Group, which is administered by its Advertising Committee, makes its own decisions regarding marketing activities. This includes decisions about creative work, media purchases, and the scope of advertising. The Regional Advertising Committee consists of one representative from each franchisee-owned Counselor Realty office outside the Twin Cities area and three representatives from Counselor Realty.
However, Counselor Realty retains control over brand standards and image. Franchisees can develop their own advertising materials, but these materials must conform to Counselor Realty's brand standards. Counselor Realty reserves the right to review and approve any advertising materials or media, and can require franchisees to alter or cease using materials that do not meet their standards.
While the Regional Advertising Committee has autonomy in its marketing decisions, Counselor Realty maintains the right to ensure all advertising aligns with its overall brand. This means that although the committee can make independent decisions, Counselor Realty can ultimately veto advertising materials that do not conform to their brand standards and image. This is a fairly typical arrangement in franchising, where local advertising is encouraged but must adhere to the franchisor's brand guidelines.