As a Dryject franchisee, what local marketing expenditures are you required to make?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
e that You have paid such monies for local marketing purposes, according to the procedures set forth in the Operations Manual.
(b) Local Marketing Plan.
You shall create a local advertising and marketing plan by which You shall place local advertising in any media You desire, provided that such advertising conforms to Our System Standards and requirements as set forth in the Operations Manual, or as otherwise designated by Us.
You may not advertise the Franchised Business in connection with any other business, except with Our prior written approval. You must obtain Our prior written approval of all advertising and promotional plans and materials that You desire to use at least thirty (30) days before the implementation of such plans, unless such plans and materials have been previously approved by Us. You shall submit such plans and materials to Us by personal delivery, electronic submission or through the mail, "Return Receipt Requested" or sent by overnight delivery paid for by sender. You shall not use such plans or materials until they have been approved by Us in writing and shall promptly discontinue use of any advertising or promotional plans and materials upon Our request. Any plans or materials submitted by You to Us that have not been approved or disapproved, in writing, within thirty (30) days of receipt thereof by Us, shall be deemed approved.
(c) Marketing Fund
- (i) As of the date of this Agreement, in order to develop and maintain a local, regional or national marketing and advertising program, We charge a Marketing Fund Fee as set forth in Section 7(d).
- (ii) The Marketing Fund will be administered by Us or Our designee. We, in Our sole discretion will be responsible for (i) developing and placing advertising for the benefit of Our entire System; (ii) deciding which media to use and under what terms; (iii) preparing and making available to all franchisees an unaudited annual statement of income and expenses upon written request; (iv) securing the services of advertising agencies or other
marketing professionals; (v) participating in selected trade shows; and (vi) limiting expenditures from the Marketing Fund, to the extent possible, to those areas in which franchisees are contributing to the Marketing Fund. Funds not spent in any given fiscal year will be carried forward to the next year. We reserve the right to place additional local, regional or national advertising at Our expense. All Franchisor-owned units or affiliateowned units will contribute to the Marketing Fund on the same basis as franchised units. A portion of the Marketing Fund may be used to reimburse Us or Our designees for Our reasonable advertising-related administrative costs, indirect expenses and subsidizing costs. As the DryJect System expands, We may establish an advertising council.
- (iii) We will maintain separate bookkeeping accounts for the Marketing Fund and may, but will not be required to cause Marketing Fund contributions to be deposited into one or more separate bank accounts. The Marketing Fund is not a trust, and We are not a fiduciary or trustee of the Marketing Fund or the monies in the Marketing Fund. However, We may, in Our discretion, separately incorporate the Marketing Fund or create a Marketing Fund trust, over which We may be the trustee, into which Marketing Fund contributions may be deposited.
- (iv) No portion of the Marketing Funds collected will be used principally to sell franchises. However, a brief statement about availability of information regarding the purchase of DryJect franchises may be included in advertising and other items produced and/or distributed using the Marketing Fund.
- (d) Except when advertising cooperatively with other franchisees or with Us, You are prohibited from advertising outside Your Designated Territory.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, franchisees are required to create a local advertising and marketing plan. This plan should include local advertising in any media the franchisee desires, provided it conforms to Dryject's System Standards and requirements as outlined in the Operations Manual or as designated by Dryject.
Dryject franchisees must obtain prior written approval for all advertising and promotional plans and materials at least 30 days before implementation, unless the plans and materials have been previously approved. Franchisees must submit these plans to Dryject via personal delivery, electronic submission, or mail with return receipt requested or overnight delivery. The franchisee cannot use the plans or materials until they are approved in writing by Dryject and must discontinue use upon request. Plans not approved or disapproved within 30 days of receipt by Dryject are deemed approved.
Dryject also prohibits franchisees from advertising outside their Designated Territory, unless advertising cooperatively with other franchisees or with Dryject itself. Unless specifically permitted in writing, local advertising is limited to activities within the Designated Territory, such as direct mail, print and broadcast media, speaking engagements, and networking events. If the Designated Territory is within an Area of Dominant Influence (ADI) of media sources outside the territory, Dryject reserves the right to require franchisees to cooperate and participate in advertising through that media source on a cooperative basis with other franchisees or Franchisor- or affiliate-owned units.
Dryject reserves the right to require franchisees to participate in special promotional events or campaigns sponsored by Dryject, other franchisees, or both. Dryject may also develop and provide creative materials for local and regional advertising, which franchisees can use at their own expense, provided the advertising adheres to Dryject's guidelines. Franchisees must discontinue any advertising that Dryject deems detrimental to the DryJect System, Marks, Dryject, its affiliates, or other franchisees upon notification.