Is a Deer Solution franchisee prohibited from engaging in media distribution to potential customers outside of their operating territory without written authorization from the franchisor?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
dia Accounts Agreement attached to this Agreement as Exhibit 3. Franchisee agree that the foregoing shall not be interpreted or construed as permitting Franchisee to establish, designate, utilize and/or otherwise establish accounts as to Digital Media respecting and/or concerning the Franchised Business and/or the System.
9.F. NO MARKETING OUTSIDE FRANCHISEE'S OPERATING TERRITORY
Franchisee agrees that Franchisee's marketing and Marketing Media must be directed toward Franchisee's Operating Territory and that under no circumstance shall Franchisee cause, authorize or engage in any Media Distribution to customers, potential customers and/or customer referral sources outside of Franchisee's Operating Territory, unless: (a) such Media Distribution is a joint distribution with other Deer Solution Businesses pursuant to an Advertising Cooperative authorized by Franchisor in writing; and (b) Franchisor, in Franchisor's Reasonable Business Judgment, otherwise agrees to same in writing.
**9.G.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, a franchisee's marketing and media efforts must primarily target their designated operating territory. The franchisee is prohibited from initiating or participating in any media distribution aimed at customers, potential customers, or referral sources located outside of their operating territory unless specific conditions are met.
These conditions include situations where the media distribution is a collaborative effort with other Deer Solution businesses, operating under a written advertising cooperative authorized by Deer Solution. Additionally, the franchisor must provide written consent, based on their reasonable business judgment, for any media distribution outside the franchisee's territory.
The FDD defines "Marketing Media" as all forms of communication used for marketing, advertising, or promoting a Deer Solution Business, including direct solicitations, web-based media, digital media, social media, print publications, email, and public relations. "Media Distribution" refers to the methods used to publish, transmit, disseminate, distribute, or deliver marketing media. This means that franchisees need to be very careful about where their marketing efforts are directed and must obtain approval to market outside of their territory.
This policy ensures that Deer Solution maintains control over its brand and marketing efforts, preventing franchisees from encroaching on each other's territories or diluting the brand's message. It also allows Deer Solution to coordinate marketing campaigns and ensure consistent messaging across different regions. Franchisees should be aware of these restrictions and the need to obtain written authorization before engaging in any marketing activities outside their designated operating territory.