Under what conditions can an Engel & Volkers franchisee conduct an advertising or sales promotion campaign without prior written consent?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
You will be responsible for your own local advertising. You must comply with the instructions contained in the System Documentation. You may only use advertising materials and displays prescribed and approved by us. You must obtain our prior written consent for any advertising or sales promotion campaign, unless the advertising or campaign design format does not essentially depart from those previously practiced or recommended by us or outlined in the System Documentation. We may set requirements and restrictions on advertising, promotion and other activities that we determine, in our sole discretion, negatively impacts the business of one or more other franchisees or that is specifically targeted or directed towards the protected areas of one or more other franchisees. Such requirements and restrictions are intended to balance the ability of franchisees to freely compete in the marketplace and the right of a franchisee to operate within its protected area without undue interference from other franchisees.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 43–54)
What This Means (2025 FDD)
According to Engel & Volkers' 2025 Franchise Disclosure Document, franchisees must generally obtain prior written consent from Engel & Volkers for any advertising or sales promotion campaign. However, an Engel & Volkers franchisee is permitted to conduct advertising or sales promotion campaigns without prior written consent if the advertising or campaign design format does not significantly deviate from those previously practiced, recommended by Engel & Volkers, or outlined in the System Documentation.
Engel & Volkers retains the right to set requirements and restrictions on advertising, promotion, and other activities. These restrictions can be imposed if Engel & Volkers determines, in its sole discretion, that such activities negatively impact the business of other franchisees or are specifically targeted or directed towards the protected areas of other franchisees. These measures are intended to balance the franchisees' ability to compete freely in the marketplace with the right of each franchisee to operate within their protected area without undue interference from others.
This policy ensures brand consistency and protects the interests of all franchisees within the Engel & Volkers system. Franchisees should carefully review the System Documentation and any prior advertising examples provided by Engel & Volkers to understand the scope of permitted advertising activities that do not require pre-approval. It is crucial for franchisees to stay informed about any updates or changes to these guidelines to avoid potential conflicts or violations of the franchise agreement.