What authority does Crawlspace Medic retain regarding advertising and sales promotion programs?
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, Crawlspace Medic maintains significant control over advertising and promotional materials used by its franchisees. Franchisees must adhere to the standards and requirements set forth by Crawlspace Medic in its manual or other directives.
Specifically, franchisees are required to submit all advertising, press releases, promotional plans, materials, and public relations programs to Crawlspace Medic for approval before use. This includes materials in digital, electronic, computerized form, or any form of media, unless the materials have been previously provided or approved by Crawlspace Medic. Crawlspace Medic has ten business days to approve or disapprove the submitted materials. Failure to respond within this timeframe results in automatic disapproval.
Franchisees are prohibited from using unapproved advertising or promotional materials and must discontinue the use of any materials, even those previously approved, upon notice from Crawlspace Medic. Any advertising, marketing, or sales concepts, programs, or materials developed by a franchisee and approved by Crawlspace Medic can be used by other franchisees within the Crawlspace Medic system without compensating the originating franchisee. Additionally, franchisees may not maintain any business profile on social media sites without Crawlspace Medic's prior written approval and must adhere strictly to Crawlspace Medic's requirements.