Does Crawlspace Medic have to approve all advertising materials used by the franchisee?
Crawlspace_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
social media and/or networking site without Franchisor's prior written approval and in strict accordance with Franchisor's requirements.
- 13.6. Approval of Advertising. All advertising and promotion by Franchisee, in any medium, shall be conducted in a professional manner and shall conform to the standards and requirements of Franchisor as set forth in the Manual or otherwise. Franchisee shall submit to Franchisor for its approval samples of all advertising, press releases, promotional plans and materials and public relations programs that Franchisee desires to use, including, without limitation, any materials in digital, electronic or computerized form, or in any form of media now or hereafter developed that have not been either provided or previously approved by Franchisor. Franchisor shall approve or disapprove such plans and materials within ten (10) business days of Franchisor's receipt thereof. If Franchisor fails to respond to Franchisee's submission within ten (10) business days, such plans and materials shall be deemed "disapproved". Franchisee shall not use such
unapproved plans or materials until they have been approved by Franchisor in writing, and shall promptly discontinue use of any advertising or promotional plans or materials, whether or not previously approved, upon notice from Franchisor. Any advertising, marketing or sales concepts, programs or materials proposed or developed by Franchisee for the Crawlspace Medic brand and approved by Franchisor may be used by other System franchisees without any compensation to Franchisee.
14. INTELLECTUAL PROPERTY
14.1 Ownership.
- 14.1.1. Franchisee expressly understands and acknowledges that Crawlspace Medic, LLC ("Licensor") is the record owner of the Marks.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2024 FDD)
According to the 2024 Crawlspace Medic FDD, franchisees must get approval from Crawlspace Medic for all advertising and promotional materials before use. This includes submitting samples of advertising, press releases, promotional plans, and public relations programs. The materials must be in any medium, including digital, electronic, or computerized formats, especially if they haven't been provided or previously approved by Crawlspace Medic.
Crawlspace Medic has ten business days to either approve or disapprove the submitted plans and materials. If Crawlspace Medic does not respond within this ten-day period, the materials are considered disapproved. Franchisees are prohibited from using any unapproved materials until they receive written approval from Crawlspace Medic.
Furthermore, Crawlspace Medic can instruct franchisees to discontinue using any advertising or promotional materials, regardless of whether they were previously approved. Any advertising, marketing, or sales concepts developed by a franchisee and approved by Crawlspace Medic can be used by other franchisees in the Crawlspace Medic system without compensating the franchisee who developed them. Franchisees also cannot maintain any business profile on social media without prior written approval from Crawlspace Medic.