Under what condition are Dryject advertising and promotional plans and materials submitted by a franchisee considered approved if not explicitly approved?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, a franchisee's advertising and promotional plans are considered approved if Dryject does not provide written approval or disapproval within thirty days of receiving them. This applies to all advertising and promotional plans and materials that the franchisee desires to use, provided they are submitted at least 30 days before implementation. The franchisee must submit these plans via personal delivery, electronic submission, or through the mail using a method that provides proof of receipt, such as "Return Receipt Requested" or overnight delivery paid for by the sender.
This "deemed approval" clause offers a degree of protection to franchisees, preventing Dryject from indefinitely delaying or obstructing their marketing efforts. However, it is crucial for franchisees to maintain meticulous records of their submissions, including proof of delivery and the date of submission, to demonstrate that the 30-day period has elapsed without a response from Dryject.
It is also important to note that this clause does not override Dryject's right to ensure that all advertising conforms to system standards and requirements as outlined in the Operations Manual or otherwise designated by Dryject. Therefore, franchisees should ensure their advertising plans align with these standards to avoid potential conflicts, even if the plans are deemed approved due to lack of response. Franchisees must also discontinue the use of any advertising or promotional plans and materials upon Dryject's request.