What is the deadline for Devon Creek to respond to a franchisee's request for advertising approval?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
You may develop advertising materials for your own use at your own cost, and you may use marketing materials that we may offer to you from time to time. You may not use any advertising or marketing materials, including press releases, unless they have been approved in advance in writing by us, which approval may be withheld in our discretion. We will respond to your request for approval within fifteen (15) business days; however, if we do not respond within fifteen (15) business days, the proposed advertising or marketing material is deemed "disapproved".
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 24–32)
What This Means (2024 FDD)
According to Devon Creek's 2024 Franchise Disclosure Document, franchisees must obtain written approval from Devon Creek for all advertising and marketing materials, including press releases. Devon Creek will respond to the franchisee's request for approval within fifteen (15) business days. However, if Devon Creek does not respond within this timeframe, the proposed advertising or marketing material is automatically considered "disapproved".
This requirement ensures that all advertising and marketing efforts align with Devon Creek's brand standards and overall marketing strategy. By requiring approval, Devon Creek maintains control over how its brand is represented in the marketplace and ensures consistency across all franchise locations.
For a prospective franchisee, this means that any local advertising or marketing initiatives must be submitted to Devon Creek for review well in advance of the planned launch date. Failure to obtain approval or to account for the 15-business-day review period could result in delays or the inability to use the desired advertising materials. The "deemed disapproved" clause places the onus on the franchisee to follow up and confirm approval, as silence from Devon Creek is not an implicit endorsement.
This level of control is common in franchising, as franchisors seek to protect their brand image and ensure consistent messaging. However, franchisees should carefully consider the potential impact on their ability to quickly respond to local market conditions or to implement time-sensitive promotions.