What is the condition for an Endless Summer Sweets franchisee to participate in advertising and promotional programs?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
You must use your best efforts to promote and advertise your Business and will participate in all advertising and promotional programs we establish in the manner we direct as described in the Operations Manual or otherwise in writing.
Local Advertising. You must spend three percent (3%) of your gross sales per month on
advertising and promotional activities during each calendar year, in such types as we approve or as described in the Operations Manual or otherwise in writing. We encourage you, however, to spend additional amounts on local advertising and promotional activities beyond the minimum amounts required under the Franchise Agreement. Your local advertising expenditures will include advertising, merchandising, sales promotion and other forms of advertising at the local level. By February 28 each year, you must provide us with an accounting of the monies that you spent and documentation of the local advertising and promotional activities you executed during the preceding calendar year. If you fail to spend the required minimum amount during any calendar year on approved local advertising and promotional activities, you must pay us the difference between what you should have spent on approved local advertising and promotional activities during that year, and what you actually spent on those items during that year.
You must obtain our approval (in writing) of all marketing, advertising and promotional materials before use, including any of your own materials, at least 10 days before the deadline for running or using the marketing, advertising or promotional materials. Any marketing, advertising or promotional materials not approved by us within 14 days will be deemed disapproved. At any time, we may require you to stop any marketing, advertising or promotion. You must use marketing, advertising and promotional materials that depict any of our trademarks only in connection with your sale of approved services and products in connection with your Business. Any marketing, advertising and promotional materials you use must be current, in good taste and in good condition and communicate the brand position and character that we have established for franchised businesses. We may periodically make available for purchase, from us or our affiliates or designated or approved suppliers, certain advertising, marketing and promotion materials.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 18–25)
What This Means (2024 FDD)
According to Endless Summer Sweets' 2024 Franchise Disclosure Document, franchisees are required to use their best efforts to promote and advertise their business and must participate in all advertising and promotional programs that Endless Summer Sweets establishes. These programs will be implemented as directed in the Operations Manual or in writing.
Endless Summer Sweets requires franchisees to spend 3% of their gross sales per month on advertising and promotional activities, utilizing types that Endless Summer Sweets approves or as described in the Operations Manual or in writing. Franchisees are encouraged to spend more than the minimum required amount. By February 28th of each year, franchisees must provide an accounting and documentation of their local advertising and promotional activities from the previous calendar year. If a franchisee fails to meet the minimum spending requirement, they must pay Endless Summer Sweets the difference between the required amount and what was actually spent.
Before using any marketing, advertising, or promotional materials, franchisees must obtain written approval from Endless Summer Sweets at least 10 days before the intended use. Materials not approved within 14 days will be considered disapproved, and Endless Summer Sweets reserves the right to stop any marketing, advertising, or promotion at any time. Franchisees must use marketing materials that accurately represent Endless Summer Sweets' trademarks and brand image, and these materials must be current, in good taste, and in good condition.