If a Fat Shack franchisee wants to use a celebrity in their advertising, is Fat Shack's approval required?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall obtain FSI's prior written approval of all written advertising or other marketing or promotional programs not previously approved by FSI regarding the FAT SHACK Restaurant,
including, without limitation, "Yellow Pages" advertising, newspaper ads, flyers, brochures, coupons, direct mail pieces, specialty and novelty items, radio and television advertising, Internet "web" pages and other home pages or domain names on any common carrier electronic delivery system. Franchisee acknowledges that web pages and websites on the Internet constitute advertising and is subject to the terms set forth in Section 13.5 below. Any proposed written advertising or a description of a marketing or promotional program not previously approved by FSI shall be submitted to FSI at least 10 days prior to publication, broadcast or use. Franchisee acknowledges that advertising and promoting the FAT SHACK Restaurant in accordance with FSI's standards and specifications is an essential aspect of the Licensed Methods, and Franchisee agrees to comply with all advertising standards and specifications. Franchisee also agrees to participate in any promotional campaigns and advertising and other programs that FSI periodically establishes.
Source: Item 18 — Public Figures (FDD page 46)
What This Means (2025 FDD)
According to Fat Shack's 2025 Franchise Disclosure Document, franchisees must obtain prior written approval from FSI (Fat Shack International) for all written advertising or other marketing or promotional programs not previously approved. This requirement extends to various forms of advertising, including newspaper ads, flyers, brochures, coupons, direct mail pieces, specialty items, radio and television advertising, and internet web pages.
This means that if a Fat Shack franchisee wishes to use a celebrity in their advertising, they must first submit the proposed advertising to FSI for review and approval. This applies regardless of the specific medium used for the advertising, whether it's a TV commercial, a social media post, or a print ad. The franchisee must allow at least 10 days prior to the planned publication, broadcast, or use of the advertisement for FSI to review it.
Fat Shack retains the right to control the content of all electronic advertising for Fat Shack Restaurants. This includes internet advertising, websites, multimedia, social media, and audio/visual materials. If a franchisee develops electronic advertising with Fat Shack's permission, they must comply with Fat Shack's policies and rules. This level of control is common in franchising to maintain brand consistency and protect the brand's image. Therefore, even if a franchisee is paying for the celebrity endorsement, Fat Shack has the final say on whether it aligns with their brand standards and marketing strategy.
Compliance with Fat Shack's advertising standards is considered an essential aspect of the Licensed Methods, and franchisees agree to adhere to all advertising standards and specifications. Franchisees also agree to participate in any promotional campaigns and advertising programs that Fat Shack establishes periodically. This ensures a unified marketing approach across all Fat Shack locations and helps maintain a consistent brand image.