Does Deka Lash have the right to use any advertising method they choose?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
Digital Marketing. We may create, operate and promote websites, social media accounts (including but not limited to Facebook, Twitter, and Instagram), applications, digital advertising (including pay-per-click and display ads) or other means of digital marketing to promote the brand, studios, Marks and franchise opportunities. We may require that you use specified advertising vendors. We have the sole right to control all aspects of any digital marketing including all digital marketing related to your studio. Unless we consent in writing, you or your employees may not conduct any digital marketing that uses our marks or relates to your studio, including through an independent website, or social media account. We may withdraw approval at any time and you must immediately modify or delete any digital marketing as required. (Franchise Agreement, Section 7.7(a)).
We require you to spend $2,000 per month on local marketing and promotion in accordance with our standards and specifications (the "Local Marketing Requirement"). 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.
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 retains significant control over advertising and marketing methods. Deka Lash has the right to develop all media and marketing programs, whether internally or through outside vendors, and maintains the final decision-making authority on all promotions, creative concepts, and media.
Deka Lash may create and operate websites, social media accounts, digital advertising, and other digital marketing methods to promote the brand. Unless Deka Lash provides written consent, franchisees cannot conduct any digital marketing that uses Deka Lash's marks or relates to their studio, including through an independent website or social media account. This approval can be withdrawn at any time, requiring the franchisee to modify or delete any digital marketing as directed.
Deka Lash also mandates a minimum local marketing spend of $2,000 per month, dictating how these funds must be used according to their standards and specifications. Franchisees must use only advertising, press releases, public statements, and promotional materials provided or approved in writing by Deka Lash. Deka Lash reserves the right to require franchisees to discontinue any advertising or promotional materials they deem necessary. This demonstrates that while franchisees are required to invest in local marketing, Deka Lash maintains control over the methods and materials used.