What sections of the Counselor Realty Franchise Agreement address advertising obligations?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
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| Obligation | Section in Franchise Agreement | Disclosure Document Item | |---|---|---| | j. Warranty and customer | Section 7.1 | Item 11 | | services requirements | | | | k. Territorial development | Sections 1.1 and 1.3 | Item 12 | | and sales quotas | | | | l. Ongoing product/service | Sections 6.3, 6.4, 6.5 and 7.1 | Item 8 | | purchases | | | | m. Maintenance, | Sections 3.2, 7.1, 9.2 | Items 11, 17 | | appearance and | | | | remodeling requirements | | | | n. Insurance | Section 8.2 | Item 7 | | o. Advertising | Sections 5.4 and 7.1 | Item 11 | | p. Indemnification | Section 8.3 | Item 16 | | q. Owner's participation/ | Section 7.2 | Item 15 | | management/staffing | | | | r. Records and reports | Section 8.1 | None | | s. Inspections and audits | Sections 7.3, 8.1 | Item 11 | | t. Transfer | Article 9 | Item 17 | | u. Renewal | Section 3.2 | Item 17 | | v. Post-termination | Section 7.2 and Article 12 | Item 17 | | obligations | | | | w. Non-competition and | Section 7.2 | Item 17 | | non-solicitation | | | | covenants | | | | x. Dispute resolution | Article 10 | Item 17 | | y. Other | None | | At your request, Counselor will provide you and/or your key personnel supplemental initial and/or ongoing training in various aspects of establishing and operating your Business. Franchise Agreement, Section 6.1. Counselor's Franchise Chairperson will coordinate training at a "Counselor" office designated by Counselor, at any mutually convenient time. See Item 2 for information on the business experience of the Franchise Chairperson. Training may be conducted or assisted by other members of Counselor's staff. The length of supplemental training varies, depending on the subject matter and your training needs. Counselor will schedule training at any mutually convenient time, subject to the availability of trainers. You must pay Counselor a fee of $175 per trainer per hour for providing training (including initial training). See Item 6. You must pay all travel, living and incidental expenses you and your employees, and Counselor's trainers, incur in connection with training. Counselor will not pay you during training.
- 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.
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 16–17)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, several sections of the Franchise Agreement outline the franchisee's advertising obligations. Specifically, Section 6.2 of the Franchise Agreement is mentioned in Item 11 in relation to Counselor Realty providing advice on principal aspects of the business. Additionally, Section 5.4 and 7.1 of the Franchise Agreement, as noted in Item 11, directly address advertising requirements.
Item 22(e) also stipulates that franchisees must use advertising programs, materials, and media that conform to Counselor Realty's brand standards. While franchisees have the option to develop their own websites, their use of Counselor Realty's trademarks must comply with Article 4 of the Franchise Agreement. Although Counselor Realty does not currently require pre-approval of advertising materials, they reserve the right to review and approve them, and to direct franchisees to alter or remove non-conforming materials.
These provisions collectively ensure that Counselor Realty franchisees adhere to consistent branding and advertising standards. Franchisees should carefully review these sections to understand their responsibilities and the franchisor's rights regarding advertising and marketing efforts. Understanding these obligations is crucial for maintaining brand consistency and avoiding potential conflicts with Counselor Realty's standards.