What happens to marketing materials submitted to Crisp & Green for review?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
ou actually spent on local advertising.
All marketing materials must be approved by us before you use them. Any marketing material that you propose to use that has either not been provided by us or has not been previously approved by us within the past three months must be submitted to us for our review at least 10 days before you propose to use the marketing material. Your prices for products and services at the Franchised Restaurant must also be approved by us, which may be established based on your region, market or other factors, and which also apply to any delivery platforms that we allow you to use. Unless we provide our specific approval of your proposed advertising and promotional plans and materials, and prices, they are deemed not approved. We retain discretion to withhold or deny approval of marketing materials not provided by us if we determine the materials are not consistent with the brand image for the System and the Marks. Any marketing materials you submit to us for our review will become our property, and there will be no restriction on our use or distribution of these materials. If you use any advertising or promotional material that has not been provided by us or approved by us in the past three months, we may charge you up to $1,500 per
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 33–44)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, any marketing materials a franchisee submits to Crisp & Green for review become the company's property. Crisp & Green has the right to use or distribute these materials without any restrictions. This means a franchisee relinquishes all rights to the submitted marketing materials once they are provided for review.
This policy has significant implications for prospective franchisees. While franchisees must seek approval for marketing materials not provided by Crisp & Green or previously approved within the last three months, submitting these materials grants Crisp & Green full ownership. Franchisees should carefully consider this when developing unique marketing strategies, as they will not retain control over their original ideas once submitted.
Furthermore, Crisp & Green retains the discretion to deny approval of marketing materials if they are inconsistent with the brand image. Franchisees are also subject to a penalty of up to $1,500 per day for using unapproved advertising or promotional material. This underscores the importance of adhering to Crisp & Green's marketing guidelines and obtaining necessary approvals to avoid penalties and ensure brand consistency. Franchisees should factor in the potential costs and loss of control when planning their local marketing efforts.
In the franchise industry, it is common for franchisors to have approval over marketing materials to maintain brand consistency. However, the policy of taking ownership of franchisee-submitted materials is less common. Prospective Crisp & Green franchisees should carefully evaluate this aspect of the franchise agreement and consider its impact on their ability to innovate and control their local marketing initiatives.