Does Deka Lash require approval for franchisee advertising?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
As a condition to signing the Franchise Agreement(s), we have required that you assign all of your Listings relating to the Deka Lash Franchise(s) to us upon the expiration or termination of any of the Franchise Agreements.
Franchisee agrees to update us as soon as possible of any listings adopted by Franchisee. Franchisee agrees to pay all amounts pertaining to the use of the Listings incurred by it when due. Upon expiration or termination of the Agreement for any reason, Franchisee's right of use of the Listings shall terminate. In the event of termination or expiration of the Agreement, Franchisee agrees to pay all amounts owed in connection with the Listings, including all sums owed under existing contracts for telephone directory advertising and to immediately at Franchisor's request, (i) take any other action as may be necessary to transfer the Listings and numbers to Franchisor or Franchisor's designated agent, (ii) install and maintain, at Franchisee's sole expense, an intercept message, in a form and manner acceptable to Franchisor on any or all of the Listings; (iii) disconnect the Listings; and/or (iv) cooperate with Franchisor or its designated agent in the removal or relisting of any telephone directory or directory assistance listing, Internet directory, website or advertising, whether published or online.
Franchisee agrees that Franchisor may require that all telephone numbers and telephone and internet equipment and service must be owned or provided by Franchisor or a supplier approved by Franchisor and that Franchisor has the right to require Franchisee to "port" or transfer to Franchisor or an approved call routing and tracking vendor all phone numbers associated with the Franchised Business or published in any print or online directory, advertisement, marketing or promotion associated with the Marks.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
Based on the 2024 Deka Lash Franchise Disclosure Document, franchisees are required to assign all listings related to their Deka Lash franchise to the franchisor upon expiration or termination of the Franchise Agreement. These listings include telephone numbers, email addresses, domain names, social media accounts, internet listings, and websites. Franchisees must update Deka Lash about any adopted listings and pay all associated amounts. Upon termination or expiration, the franchisee's right to use these listings ends, and they must transfer the listings to Deka Lash or their agent, install an intercept message, disconnect the listings, or cooperate in removing or relisting any advertising. Deka Lash may also require franchisees to use telephone numbers and internet services provided or approved by them and to transfer all phone numbers associated with the franchise to Deka Lash or an approved vendor.
This requirement gives Deka Lash significant control over the franchisee's advertising and online presence, ensuring consistency and brand management across all locations. By owning the listings, Deka Lash can maintain control over customer communications and online reputation, even after a franchise agreement ends. This also allows Deka Lash to manage marketing strategies and promotions more effectively at a national or regional level.
For a prospective franchisee, this means that all advertising efforts, especially online, must align with Deka Lash's standards and be managed in coordination with the franchisor. While this may limit the franchisee's autonomy in marketing, it also provides the benefit of leveraging Deka Lash's established brand and marketing strategies. Franchisees should be aware that they will not own the digital assets they build during the franchise term and must transfer them back to Deka Lash upon termination or expiration of the agreement. This is a common practice in franchising to protect the brand's integrity and customer relationships.