What standards must a Crawlspace Medic franchisee follow when conducting advertising 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. Franchisor holds the exclusive right to license the Marks to franchisees of the System for use pursuant to the System.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2024 FDD)
According to the 2024 Crawlspace Medic FDD, all advertising and promotion by a franchisee, regardless of the medium, must be conducted professionally and adhere to the standards and requirements set forth by Crawlspace Medic in its operations manual or otherwise communicated.
To ensure compliance, a Crawlspace Medic franchisee must submit all advertising, press releases, promotional plans, materials, and public relations programs to Crawlspace Medic for approval before use. This includes any materials in digital, electronic, or computerized form, as well as any form of media that Crawlspace Medic has not previously provided or approved. Crawlspace Medic has ten business days to approve or disapprove the submitted plans and materials. If Crawlspace Medic fails to respond within this timeframe, the plans and materials are deemed disapproved.
A Crawlspace Medic franchisee is prohibited from using any unapproved advertising or promotional materials until written approval is obtained from Crawlspace Medic. Furthermore, franchisees must immediately stop using any advertising or promotional plans or materials upon notice from Crawlspace Medic, regardless of whether they were previously approved. Any advertising, marketing, or sales concepts, programs, or materials developed by the franchisee and approved by Crawlspace Medic may be used by other franchisees in the Crawlspace Medic system without any compensation to the originating franchisee.
The FDD also states that a Crawlspace Medic franchisee may not maintain any business profile on social media platforms without prior written approval from Crawlspace Medic and must adhere strictly to Crawlspace Medic's requirements for social media usage. If feasible, and with Crawlspace Medic's prior written approval, a Crawlspace Medic franchisee may do cooperative listings with other franchisees in the Crawlspace Medic system.