What is the requirement for a Deka Lash franchisee's advertising and promotions?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
Local Marketing Requirement within your Protected Territory. You must participate in promotional, advertising, charity or other programs we may specify at your own expense. Any mass media, internet, mailers, or other type advertising must be primarily focused in your territory unless we agree otherwise. You may spend any additional sums as you wish on local marketing. You must
ensure that all advertising, promotions or public statements are done with the highest ethical standards, are not misleading in any way, and adhere 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 t
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, franchisees must adhere to specific guidelines for advertising and promotions. Deka Lash requires that all advertising, promotions, and public statements meet the highest ethical standards, avoid being misleading, and comply with all applicable federal, state, and local laws. Franchisees are required to use only advertising, press releases, public statements, and promotional materials provided by or approved in writing by Deka Lash. Deka Lash retains the right to demand the franchisee to discontinue any advertising, promotions, or promotional materials that Deka Lash deems necessary. Upon request, franchisees must provide proof of their expenditures on local marketing.
Deka Lash has the right to place listings, advertising, fees, or promotions on behalf of the franchisee and collect the costs from them. If other franchisees are served by the same directories, agencies, promotions, or listings, Deka Lash has the right to require group participation, make direct arrangements, and allocate an equitable part 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 as required by Deka Lash. Any Business Listing & Promotion Fees will be applied against the Local Marketing Requirement.
Additionally, Deka Lash may designate a geographic area for establishing a local advertising cooperative. If a Local Advertising Cooperative has been established for a geographic area where the franchisee's 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, the franchisee must become a member and abide by its rules. Deka Lash also has the right, but not the obligation, to offer deals, discounted services, gift certificates, memberships, coupons, or vouchers on third-party websites or apps such as Living Social, Facebook, or Groupon. Unless Deka Lash consents in writing, franchisees and their employees must not conduct or be involved in any digital marketing related to the Deka Lash brand, marks, or their studio. If Deka Lash permits digital marketing, franchisees must comply with their policies, and Deka Lash may withdraw approval at any time.