factual

Does Deka Lash require franchisees to contribute to a fund for public figure endorsements?

Deka_Lash Franchise · 2024 FDD

Answer from 2024 FDD Document

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

Brand Development Fees. We require you to contribute a monthly Brand Development Fee equal to the greater of 3% of Gross Studio Sales or, after one year of being open, $500 per month. We may use the Brand Development Fund to pay for any costs incurred through third parties or our employment of personnel primarily dedicated to consumer marketing and promotion activities associated with advertising, promotional events, graphic design, photography, video production, branding, public relations, marketing, promotional materials, media, production, and any other activity we believe will benefit Deka Lash, including the creation, maintenance, optimization, and advertising of the company website or other websites, pay per click advertising, and administration of such, creating, conducting, and managing social media, creating, maintenance and promotion of appointment setting software, contests, direct mailers, promotions, and providing promotional materials to our franchisees. We may also use these fees for the support of creation and execution of all materials. We have the right to develop all media and marketing programs (internally or through outside vendors), and have the final decision on all promotions, creative concepts, and media. We may add information about franchise opportunities to advertising and activities supported by the Brand Development Fee. We do not guarantee that you will benefit from the Brand Development Fund in proportion to your contributions. We will not use the Brand Development Fund to defray the cost of our general operating expenses except for reasonable allocation of overhead, including pro-rata amount of salaries and facilities, used to develop, research and administer the promotions, products and activities covered by the Brand Development Fees. By making a written request to us, you may obtain an annual unaudited financial statement of the Brand Development Fund, at the expense of the Brand Development Fund, available 120 days after our fiscal year end. If we do not spend all Brand Development Fees received in a given year, we roll them over and apply them to the Brand Development Fund in the following year. We may use Brand Development Fees to pay for an independent audit of the Brand Development Fund, if we choose to

Source: Item 18 — PUBLIC FIGURES (FDD pages 54–55)

What This Means (2024 FDD)

According to Deka Lash's 2024 Franchise Disclosure Document, franchisees are required to contribute to a Brand Development Fund. This fund requires a monthly contribution equal to the greater of 3% of Gross Studio Sales or, after one year of being open, $500 per month.

The Brand Development Fund can be used for various consumer marketing and promotion activities. These activities include advertising, promotional events, graphic design, photography, video production, branding, and public relations. The fund also covers marketing, promotional materials, media production, and any other activity Deka Lash believes will benefit the brand. This includes website creation, maintenance, optimization, advertising, pay-per-click advertising, social media management, appointment setting software, contests, direct mailers, and providing promotional materials to franchisees.

While the FDD specifies a wide range of potential uses for the Brand Development Fund, it does not explicitly state whether Deka Lash uses the fund for public figure endorsements. However, the broad scope of allowed activities suggests that such endorsements could be a permissible use of the funds, as long as Deka Lash believes it will benefit the brand. Deka Lash retains the right to develop all media and marketing programs and has the final decision on all promotions, creative concepts, and media.

The document indicates that franchisees may request an annual unaudited financial statement of the Brand Development Fund, available 120 days after the fiscal year end. For the fiscal year ending December 31, 2023, Deka Lash collected $508,197 in Brand Development Fees and spent a total of $797,535. A prospective franchisee should inquire with Deka Lash about specific expenditures from the Brand Development Fund, including whether any portion of the fund is used for public figure endorsements.

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.