Does Deer Solution require pre-approval for all marketing efforts by the franchisee?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
f the Franchised Business by Franchisee must be pre-approved, in writing by Franchisor.
Franchisor reserves the right to reject any and all marketing efforts requested by Franchisee and to prescribe all marketing, marketing media, marketing channels, promotions, copy, creative, and messaging that Franchisee may or may not use in Franchisee's marketing of the Franchised Business. Franchisee further agrees that:
- (1) In addition to calendar year quarterly reports, Franchisee shall provide Franchisor with weekly reports documenting Franchisee's marketing initiatives, expenses incurred, placements secured, and other metrics and financial information as designated by Franchisor;
- (2) Prior to opening the Franchised Business, Franchisee shall submit to Franchisor, Franchisee's initial marketing plan for review and approval by Franchisor. Franchisee shall use only those portions of its initial marketing plan that is pre-approved by Franchisor and consistent with Franchisor's standards and specifications. Not less than 30 days prior to the opening of the Franchised Business and during the initial three month period following the Actual Opening Date, Franchisee shall spend not less than $15,000 to market and promote the opening of the Franchised Business in accordance with Franchisor's standards and specifications. At least $10,000 of the startup marketing expense shall be paid to Franchisor's affiliate to conduct the start-up online marketing on behalf of the Franchised Business. Franchisor may require Franchisee to pay the start-up marketing expenses to Franchisor, Franchisor's affiliates, and/or Franchisor's designees to conduct the start-up marketing for the Franchised Business;
- (3) At all times, Franchisee's marketing efforts and the distribution of each marketing channel and media engaged by Franchisee must be directly targeted to Franchisee's Operating Territory. Franchisee shall not direct or target Franchisee's marketing efforts with the purpose or effect of soliciting or attracting customers outside of Franchisee's Operating Territory. To the extent that Franchisee's marketing efforts involve a marketing medium or distribution channel that is targeted to Franchisee's Operating Territory but reaches outside of and beyond Franchisee's Operating Territory Franchisor, in Franchisor's Reasonable Business Judgment, shall have the right to direct and require Franchisee to discontinue such marketing; and
- (4) At all times, Franchisee hereby grants to Franchisor the right, without compensation to Franchisee, to use Franchisee's name, address, photograph, and biographical information in any publication related to the System, including in relation to the sale of Deer Solution Business franchises.
9.C. REQUIRED FRANCHISOR APPROVAL OF ALL MARKETING
All marketing and promotion of the Franchised Business and all marketing media, campaigns, marketing channels, and efforts used by Franchisee must conform to Franchisor's standards and specifications as set forth in the Operations Manual or, as may be otherwise directed by Franchisor in writing from time to time. If Franchisee wishes to propose to Franchisor for approval or disapproval marketing or promotional efforts, campaigns, and/or media that are not presently and expressly approved and authorized by Franchisor, Franchisee shall submit a written request, including samples of all proposed marketing materials and a
description of the marketing channels and distribution to Franchisor for Franchisor's approval or disapproval, that shall be at the sole discretion of Franchisor, in Franchisor's Reasonable Business Judgment. Provided that Franchisee has satisfied the written notice requirements set forth in this Article 9.C. and provided that Franchisee otherwise timely responds in writing to any and all requests by Franchisor for additional information, if Franchisor does not notify Franchisee that Franchisor disapproves the materials within 15 days from the date Franchisor receives the materials, then Franchisee may commence using the materials. However, Franchisor may still disapprove such materials by notice to Franchisee, and Franchisee must then cease using such materials upon receipt of such notice. Franchisee must not use any advertising or promotional materials that Franchisor has disapproved.
9.D. WAIVERS OR DEFERRALS
On written request from Franchisee with reasons supporting such request, Franchisor may, at Franchisor's sole discretion and on conditions Franchisor deems appropriate, temporarily waive or defer the obligations of Franchisee under the Brand Development Fund and/or, if applicable, Advertising Cooperative. In no event shall such waiver or deferral extend beyond six months.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, franchisees must obtain pre-approval from Deer Solution for their initial marketing plan. Specifically, franchisees must submit their initial marketing plan to Deer Solution for review and approval before opening their franchised business. Franchisees are only allowed to use the portions of their initial marketing plan that Deer Solution has pre-approved and that are consistent with Deer Solution's standards and specifications.
Additionally, Deer Solution franchisees are required to provide weekly reports documenting their marketing initiatives, expenses incurred, placements secured, and other metrics and financial information as designated by Deer Solution. This ongoing reporting allows Deer Solution to monitor the franchisee's marketing activities and ensure compliance with the brand's standards.
If a Deer Solution Advertising Cooperative is established in the franchisee's area, all marketing programs and media developed by the cooperative are subject to Deer Solution's review and approval. No marketing materials, plans, or media may be used by the Advertising Cooperative or its members without Deer Solution's prior written approval. This ensures that all marketing efforts, whether individual or cooperative, align with Deer Solution's overall marketing strategy and brand image.