If I want to use my own advertising materials, and Deka Lash disapproves, can I still use them?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
Use of Your Own Advertising Material. You may use your own advertising materials provided that, prior to use, you submit them to us and we approve them, in writing, and they adhere to federal, state, and local law. All Internet and social media marketing using our Marks must be coordinated through us and approved by us. If our written approval is not received within 14 days from the date we received any material or marketing request, the material or request is deemed disapproved. (Franchise Agreement, Section 7.2).
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 32–40)
What This Means (2024 FDD)
According to Deka Lash's 2024 Franchise Disclosure Document, franchisees may use their own advertising materials, but only if they adhere to specific conditions. Before using any advertising materials, a franchisee must submit them to Deka Lash for written approval. If Deka Lash does not provide written approval within 14 days of receiving the materials or marketing request, the request is considered disapproved. Additionally, all internet and social media marketing that uses Deka Lash's trademarks must be coordinated through and approved by Deka Lash.
This policy ensures that all advertising and marketing efforts align with Deka Lash's brand standards and legal requirements. The stipulation that materials are 'deemed disapproved' after 14 days if no response is received provides a timeline for franchisees. However, it ultimately means that Deka Lash retains control over all advertising content, even if a franchisee develops it themselves.
This requirement is fairly standard in franchising, as franchisors need to protect their brand image and ensure consistent messaging across all locations. Deka Lash franchisees must be prepared to have their advertising materials reviewed and potentially revised or rejected by the franchisor. Failure to comply with these advertising guidelines could result in a breach of the franchise agreement.