factual

Does Deck Medic administer System-wide marketing funds?

Deck_Medic Franchise · 2024 FDD

Answer from 2024 FDD Document

We may administer and manage System-wide marketing funds comprised of a National Advertising Fund and/or Advertising Cooperative. (Franchise Agreement, Article 9);

As disclosed in Item 6 of this Disclosure Document, you must contribute a monthly sum not to exceed 2% of monthly Gross Sales to the National Advertising Fund.

We may use the National Advertising Fund for market studies, research, service development, product development, testing, research studies, technology development, advertising and public relations studies or services, creative production and printing of advertising and marketing materials, advertising copy and commercials, tracking costs, agency fees, administrative costs, which may include reimbursement for direct administrative and personnel costs associated with advertising and public relations, and any other costs associated with the development, marketing and testing of advertising, marketing and public relations materials, and the purchase of media placement, advertising time and public relations materials in national, regional or other advertising and public relations media in a manner determined by us, in our discretion, to be in the best interest of the franchisees and the System.

The National Advertising Fund will not be used to directly promote your Deck Medic Business or the marketing area in which your Deck Medic Business will be located. (Franchise Agreement, Article 9.A.).

  1. Local and Regional Advertising Cooperative – We possess the exclusive right to authorize, establish, designate and de-authorize a local or regional advertising cooperative within those markets that we designate. We will exclusively determine the geographic and other boundaries constituting each respective cooperative and factors that we will consider include media markets including print, television and digital. If we establish a cooperative within a market that includes your Deck Medic Business, you must contribute to the cooperative in such amounts and frequency as determined by the cooperative. Members of the cooperative will be responsible for administering the cooperative, including determining the amount of contributions, marketing expenditures and allocations. However, we may require that cooperative decisions be made based on approval of a simple majority of franchisee members based on one vote per Deck Medic Business located and a quorum of not less than 25% of the designated franchisee cooperative members. If a cooperative exceeds nine franchisee members, we may require that the cooperative establish formal governing documents. Each cooperative must prepare annual unaudited financial statements that must be provided to each cooperative member for review. We reserve the right to form, change, dissolve, or merge any advertising cooperative. If we elect to form a local or regional cooperative or if a cooperative already exists as to the area of your Deck Medic Business, you will be required to participate in the cooperative in accordance with the provisions of our operations manual which we may supplement and modify from time to time. (Franchise Agreement, Article 9.C.). You will not be required to make contributions to a Local or Regional Advertising Cooperative in amounts exceeding 5% of your monthly Gross Sales.

As of the Issuance Date of this Disclosure Document we have not established any local or regional advertising cooperatives but reserve the right to do so in the future;

Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 24–29)

What This Means (2024 FDD)

According to Deck Medic's 2024 Franchise Disclosure Document, Deck Medic may administer System-wide marketing funds through a National Advertising Fund and/or Advertising Cooperative. Franchisees may be required to contribute to the National Advertising Fund, with contributions not to exceed 2% of monthly Gross Sales. Deck Medic may use this fund for various purposes, including market studies, advertising, and administrative costs.

Deck Medic may also establish local or regional advertising cooperatives, requiring franchisees within those designated markets to contribute. The amount and frequency of these contributions are determined by the cooperative members, though Deck Medic can require decisions to be based on a majority vote of franchisee members. Contributions to these cooperatives will not exceed 5% of monthly Gross Sales. As of the issuance date of the 2024 Disclosure Document, Deck Medic has not established any local or regional advertising cooperatives but reserves the right to do so in the future.

Deck Medic is not required to segregate the National Advertising Fund from its general operating funds and is not considered a fiduciary or trustee of the fund. The National Advertising Fund will not be used to directly promote an individual Deck Medic Business or its specific marketing area. Franchisees may request an unaudited accounting of how the National Advertising Fund's monies were spent, but no more than once in any 12-month period.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.