factual

Can Deka Lash produce advertising material in-house?

Deka_Lash Franchise · 2024 FDD

Answer from 2024 FDD Document

rs.** We may elect to offer and you may elect to attend additional training or seminars. (Franchise Agreement, Section 5.7).

Advertising Program:

Our Obligation to Conduct Advertising. We advise you in the advertising, marketing, and promotion of your Franchised Business, to the extent we deem necessary. We may, from time to time, at our sole discretion, produce advertising material and conduct promotional programs. We may use online, radio, television, direct mail, billboards, print or other advertising. We may use local, regional, or national advertising. We may produce advertising material in-house or through outside agencies. (Franchise Agreement, Section 5.8).

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).

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.

We reserve the right to form, change, dissolve or merge any Local Advertising Cooperative. (Franchise Agreement, Section 7.5).

Brand Development Fees.

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, Deka Lash has the option to produce advertising material either in-house or through outside agencies. Deka Lash also has the final say on all promotions, creative concepts, and media used for advertising.

As a franchisee, you are allowed to use your own advertising materials, but you must first submit them to Deka Lash for written approval to ensure they comply with federal, state, and local laws. If you do not receive written approval within 14 days of submitting the materials, they are considered disapproved. All internet and social media marketing that uses Deka Lash's trademarks must be coordinated and approved by Deka Lash.

Deka Lash requires franchisees to spend $2,000 per month on local marketing and promotion, in addition to the Brand Development Fee. These funds must be spent according to Deka Lash's standards, which may include specific requirements for media advertisements or engaging public figures. Franchisees must participate in any promotional, advertising, or charity programs that Deka Lash specifies, at their own expense. Deka Lash also has the right to place listings, advertising, fees, or promotions on the franchisee's behalf and collect the costs from them.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.