Can Endless Summer Sweets use marketing materials developed by the franchisee?
Endless_Summer_Sweets Franchise · 2024 FDDAnswer from 2024 FDD Document
ll vendors and suppliers in a timely manner. Franchisee shall pay all taxes when due. If Franchisee borrows money, it shall comply with the terms of its loan and make all loan payments when due. If Franchisee leases the Location, Franchisee shall comply with its lease for the Location and make all rent payments when due.
- 7.17 Public Relations. Without Franchisor's prior written approval, which will not be unreasonably withheld, Franchisee shall not make any public statements, including without limitation interviews or issuing press releases, regarding Franchisor, the Business, or any particular incident or occurrence related to the Busin
Source: Item 23 — RECEIPTS (FDD pages 39–125)
What This Means (2024 FDD)
According to the 2024 Endless Summer Sweets FDD, franchisees must obtain prior written approval from Endless Summer Sweets for any public statements related to the business. This includes interviews or press releases regarding Endless Summer Sweets, the business itself, or any specific incidents related to the business. This approval will not be unreasonably withheld.
Additionally, franchisees need written approval from Endless Summer Sweets before associating the business with any causes. This encompasses donating money, products, or services to any charitable, political, religious, or other organization, or acting in support of such organizations. Again, this approval will not be unreasonably withheld.
While the FDD does not explicitly address whether Endless Summer Sweets can use marketing materials developed by the franchisee, the restrictions on public relations and association with causes suggest that Endless Summer Sweets maintains control over the brand's image and marketing efforts. A prospective franchisee should clarify with Endless Summer Sweets the extent to which they can contribute to marketing materials and whether Endless Summer Sweets would ever utilize franchisee-developed content.