Does Face Foundrie have a fiduciary obligation to franchisees for administering the marketing fund?

According to Face Foundrie's 2025 Franchise Disclosure Document, Face Foundrie does not have a fiduciary obligation to franchisees for administering the marketing fund. The document states this explicitly. Face Foundrie (or their designee) has the sole right to make decisions regarding the concepts, materials, media, placement, and allocation of advertising programs.

Face Foundrie will maintain the marketing fund in a separate account from its general funds, and the fund will not be considered an asset of Face Foundrie. Face Foundrie can charge the fund for reasonable administrative costs and overhead related to the direction and implementation of advertising programs. The earnings from the fund will not benefit Face Foundrie, and Face Foundrie may incorporate the fund or operate it through a separate entity.

Face Foundrie can use collection agents and legal proceedings to collect marketing contributions at the fund's expense. They can also forgive, waive, settle, and compromise claims by or against the fund. Face Foundrie assumes no direct or indirect liability for collecting, maintaining, directing, or administering the fund. This means that while Face Foundrie controls the fund and how it's spent, they are not legally bound to act in the franchisees' best financial interests regarding the fund's administration.