Does Deck Medic have the right to copyright advertising materials and design specifications?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
may suggest pricing levels that we recommend.
Advertising
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- Generally All advertising, marketing, marketing materials and all marketing mediums used by you in the marketing and promotion of the Franchised Business must be pre-approved by us in writing and conform to our standards and specifications. You may only use those advertising and marketing materials and mediums that we designate and approve in writing. In our discretion we may make available to you approved marketing templates comprised of pre-approved ads, ad copy and digital media that you may utilize at your own expense. If you wish to utilize marketing materials and/or marketing mediums that are not currently approved by us in writing, you may submit a written request requesting permission and we will approve or disapprove of your request within 15 days of your submission of the written request and sample marketing materials. We are not required to conduct any advertising or spend any amount on your behalf on advertising in your operating territory. (Franchise Agreement, Article 9);
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- Franchisee Directed Local Marketing You are not authorized to engage in any marketing unless it is preapproved by us, in our discretion. (Franchise Agreement, Article 9.B.). You are required to engage in local
marketing, and you are required to commit specific minimum amount of funds to your local marketing efforts. In the first year of operation, we will help you develop a plan for advertising, promotions and public relations throughout your Operating Territory and you shall make expenditures in accordance with such plan.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 33)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, Deck Medic retains control over advertising and marketing materials. Franchisees must obtain written pre-approval from Deck Medic for all advertising and marketing mediums used to promote their franchised business. Deck Medic may provide approved marketing templates, including pre-approved ads, ad copy, and digital media, for franchisees to use at their own expense. Franchisees wishing to use materials not already approved must submit a written request, which Deck Medic will then approve or disapprove within 15 days.
Deck Medic also designates the information about the franchisee's Deck Medic Business on the www.mydeckmedic.com webpage or other websites. All digital media and marketing must be approved by Deck Medic. This ensures that all marketing efforts align with Deck Medic's standards and specifications, maintaining brand consistency across all franchise locations.
In cases where Deck Medic provides access to marketing campaigns, they will also provide the source designs, copy, and design specifications. However, the franchisee is responsible for the costs of customizing, duplicating, printing, distributing, and placing these materials with media sources. This allows franchisees to leverage Deck Medic's approved materials while managing their local marketing expenses. Deck Medic's control over advertising and design ensures brand uniformity and quality, but franchisees must adhere to these guidelines and seek approval for any deviations.