What is the geographic limit for a Deer Solution franchisee's marketing efforts?
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. ADVERTISING COOPERATIVE
At all times Franchisor, in Franchisor's Reasonable Business Judgment, possesses the right to authorize, establish, designate and de-authorize a local or regional advertising cooperative within those markets that Franchisor designates (the "Advertising Cooperative"). Franchisee agrees that Franchisor possesses the sole and exclusive right to designate any geographic area in which two or more Deer Solution Business franchises are located as a region for the purpose of establishing an Advertising Cooperative. If Franchisee's Deer Solution Business or Operating Territory is located within the geographic area of an Advertising Cooperative, franchisee must participate in and contribute to the Advertising Cooperative. Franchisee agrees to the following:
- (1) If Franchisor previously instituted or, in the future, institutes an Advertising Cooperative that includes, in whole or in part, Franchisee's Operating Territory or Franchisee's Deer Solution Business Location, Franchisee shall participate in and make such on-going financial contributions to the Advertising Cooperative, as determined by the Advertising Cooperative;
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 efforts are generally restricted to their Operating Territory. The franchisee must direct all marketing and Marketing Media toward their designated Operating Territory.
Deer Solution franchisees are prohibited from engaging in any Media Distribution to customers, potential customers, or referral sources outside of their Operating Territory. There are two exceptions to this rule. First, marketing outside the territory is allowed if it is a joint distribution with other Deer Solution businesses through an Advertising Cooperative authorized by Deer Solution in writing. Second, Deer Solution may provide written consent, based on their Reasonable Business Judgment, for marketing activities outside the franchisee's territory.
Deer Solution retains the right to authorize, establish, designate, and de-authorize local or regional advertising cooperatives within designated markets. If a franchisee's Deer Solution Business or Operating Territory falls within the geographic area of an Advertising Cooperative, the franchisee is required to participate in and contribute to the cooperative. This includes making ongoing financial contributions as determined by the Advertising Cooperative. These cooperatives can make decisions based on a simple majority vote, with a quorum of 25% of the franchisees within the cooperative.