What is the obligation of a Deka Lash franchisee regarding spending on online directories, advertising agencies, advertising fees and/or other promotional efforts?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
re to federal, state and local rules and law. You must use only such advertising, press releases, public statements and promotional materials provided by, or approved in writing by us. We reserve the right to require you to discontinue any advertising, promotions, or promotional materials, as we deem necessary. Upon our request, you must submit proof of your expenditures on the Local Marketing Requirement.
- 7.4 Business Listing & Promotion. You agree to advertise, at your expense, in such online directories, advertising agencies, advertising fees and/or other promotional efforts as specified by us from time to time in our manuals. We have the right to place such listings, advertising, fees or promotions, on your behalf and collect the cost from you. If other franchisees are served by the same directories, agencies, promotions or listings, we have the right to require group participation, make direct arrangements, and to allocate an equitable part of the cost to each Franchisee. You must pay to us when billed the cost of listing or promotion of your Franchised Business on the internet or any other promotional sources as required by us. Any Business Listing & Promotion Fees will be applied against your Local Marketing Requirement.
- 7.5 Local Advertising Cooperative. We may designate any geographic area as a region for establishing a local advertising cooperative ("Local Advertising Cooperative"), though we typically designate areas based on Designated Market Areas as determined by the A.C. Nielsen Company. The members of the Local Advertising Cooperative for any area will consist of all Franchised Businesses, as well as outlets operated by us or our affiliates. We will determine in advance how each Local Advertising Cooperative will be organized and governed and when it must start operation. Each Local Advertising Cooperative will be organized for the sole purpose of administering advertising programs and developing, subject to our approval, promotional materials for use by the members in local advertising. If a Local Advertising Cooperative has been established for a geographic area where your Franchised Business is located when the Franchise Agreement is signed, or if any Local Advertising Cooperative is established during the term of the Franchise Agreement, you must become a member of the Local Advertising Cooperative and abide by the rules of the Local Advertising Cooperative.
If we establish a Local Advertising Cooperative for your area, you and franchisor-owned outlets in the Cooperative must contribute to the Local Advertising Cooperative the amounts required by its members, and all outlets must contribute on the same basis (which may be a uniform percent of revenue, a fixed amount, etc.). The amount of contribution will be determined by the members of the Local Advertising Cooperative, subject to our approval. Each member will have one vote for each Franchised Business operated by the member within the geographic area subject to the Local Advertising Cooperative.
Any contributions you make towards the Cooperative will be credited against your Local Marketing Requirement.
Advertising Cooperatives must operate from written governing documents and they are available for your review upon reasonable written request.
We reserve the right to form, change, dissolve, or merge any Local Advertising Cooperative.
- 7.6 Private Websites. You are not allowed to have an independent website or obtain or use any domain name (Internet address) for your Franchised Business.
- 7.7 Digital Marketing.
- (a) Digital Marketing.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, franchisees are obligated to advertise at their own expense in online directories, and through advertising agencies, advertising fees, and other promotional efforts as specified by Deka Lash in their manuals. Deka Lash has the right to place these listings, advertising, fees, or promotions on behalf of the franchisee and collect the costs from them. If multiple franchisees benefit from the same advertising sources, Deka Lash can require group participation, make direct arrangements, and allocate an equitable portion of the cost to each franchisee. Franchisees must pay Deka Lash when billed for the cost of listing or promoting their franchised business on the internet or any other promotional sources required by Deka Lash. Any Business Listing & Promotion Fees will be applied against the Local Marketing Requirement.
Furthermore, Deka Lash may designate geographic areas for establishing local advertising cooperatives. If a local advertising cooperative is established for the franchisee's area, the franchisee must become a member and abide by its rules. These cooperatives are organized to administer advertising programs and develop promotional materials for local advertising, subject to Deka Lash's approval.
Franchisees must also ensure that all advertising and promotions reflect favorably on Deka Lash and adhere to ethical standards and legal requirements. Franchisees must use Deka Lash's advertising templates or obtain written approval for their own materials. Deka Lash reserves the right to require franchisees to discontinue any advertising or promotional materials deemed necessary. Franchisees agree to participate in all promotional programs created by Deka Lash and accept gift certificates, coupons, vouchers, and other promotional programs without entitlement to reimbursement for associated expenses or lost revenue.