Is a Deka Lash franchisee required to participate in promotional programs created by Deka Lash?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
ection for those improvements, inventions, developments, processes, methods and practices.
You will not contest, directly or indirectly, our or our parent's or affiliates' ownership, title, right, or interest in the Marks, the Operations Manual, or the System; or our or our parent's or our affiliates' exclusive right to register, use, or license others to use the Marks, Operations Manual, and the System.
- 7.2 Local Advertising and Promotions. Your advertising and promotions shall conform to the following requirements:
- a) You shall advertise and promote only in a manner that will reflect favorably on us.
- b) You shall use our advertising templates or, if you wish to use your own material, you shall submit to us for written approval all advertising, advertising copy, broadcasting arrangement, public relations program, press release or other promotional material, including proposed signage, prior to its use.
- c) You agree to participate in all promotional programs that we create, offer or advertise. You agree to accept gift certificates, coupons, vouchers, corporate discounts, memberships and other promotional programs as we create and develop from time to time. You agree you will not be entitled to receive payment or be reimbursed for any expenses, lost revenue or costs associated with such.
- d) You specifically acknowledge and agree that any Web Site or social media that uses the Marks will be deemed "advertising" under this Agreement and will be subject to (among other things) our approval.
- e) Your advertising must comply with federal, state, and local laws.
- f) If our written approval is not received on any advertising, advertising copy, broadcasting arrangement, public relations program, press release or other promotional material, including proposed signage submitted to us within 14 days from the date of request of approval, the advertising, promotions or material is deemed disapproved.
- 7.3 Minimum Local Marketing. You must spend a minimum of $2,000 per month on local marketing and promotion in accordance with our standards and specifications (the "Local Marketing Requirement"). Your local marketing is in addition to your Brand Development Fee paid to us. You must spend the Local Marketing Requirement funds as we prescribe in the Operations Manual or otherwise in writing, which may include, without limitation, requirements for placing a certain number and/or type(s) of media advertisements or engaging certain public figures to assist you in promoting the Franchised Business. Unless we otherwise approve
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to Deka Lash's 2024 Franchise Disclosure Document, franchisees are required to participate in all promotional programs that Deka Lash creates, offers, or advertises. This includes accepting gift certificates, coupons, vouchers, corporate discounts, memberships, and other promotional programs. Franchisees are not entitled to receive payment or reimbursement for any expenses, lost revenue, or costs associated with these programs.
In addition to participating in Deka Lash's promotional programs, franchisees must also spend a minimum of $2,000 per month on local marketing and promotion, according to Deka Lash's standards and specifications. This local marketing expenditure is separate from the Brand Development Fee paid to Deka Lash. The FDD states that Deka Lash will prescribe how these local marketing funds are spent, potentially including requirements for placing specific media advertisements or engaging public figures to promote the franchise. Franchisees must also participate in any promotional, advertising, charity, or other programs that Deka Lash specifies, at their own expense.
Furthermore, all advertising and promotional materials, including website and social media content that uses Deka Lash's trademarks, must be approved by Deka Lash. If approval is not received within 14 days of submission, the advertising or promotional material is considered disapproved. This level of control allows Deka Lash to maintain brand consistency and standards across all franchise locations, but it also means franchisees have limited autonomy in their marketing efforts and must adhere to the franchisor's guidelines.