Is Deer Solution a fiduciary or trustee of the Brand Development Fund?

According to Deer Solution's 2025 Franchise Disclosure Document, Deer Solution is not required to segregate the Brand Development Fund from its general operating funds and is not a fiduciary or trustee of the Brand Development Fund. This means that Deer Solution has considerable discretion in how the Brand Development Fund is managed and spent, without the legal obligations of a fiduciary.

Deer Solution may use the Brand Development Fund for various purposes, including market studies, research, service and product development, advertising, public relations, and administrative costs. The company and/or its affiliate-owned Deer Solution Businesses may contribute to the fund, but are not required to do so. Franchisees contribute a weekly sum not to exceed 3% of weekly Gross Sales to the Brand Development Fund.

The Brand Development Fund will maintain unaudited financial records detailing its expenditures and will make available to franchisees (no more frequently than once in any 12-month period) an unaudited accounting of how the monies were spent each year. However, the fund will not be used to directly promote an individual franchisee's Deer Solution Business or its specific marketing area. This arrangement is fairly common in franchising, but it's important for franchisees to understand that they do not have direct control over how the fund is spent and that Deer Solution is not legally bound to act as a fiduciary in managing the fund.