factual

If a Fat Shack franchisee wants to use a celebrity in their advertising, from whom must they obtain approval?

Fat_Shack Franchise · 2025 FDD

Answer 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, a franchisee must obtain prior written approval from FSI (presumably Fat Shack, Inc.) for all written advertising or other marketing or promotional programs not previously approved by FSI regarding the Fat Shack Restaurant. This includes any advertising that might involve a celebrity endorsement.

This requirement extends to various forms of advertising, such as "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. The FDD specifically notes that web pages and websites on the Internet constitute advertising and are subject to these terms.

The franchisee must submit any proposed written advertising or a description of a marketing or promotional program to FSI at least 10 days prior to its intended publication, broadcast, or use. Compliance with FSI's advertising standards and specifications is considered an essential aspect of the Licensed Methods, and franchisees must adhere to all advertising standards and specifications. Franchisees also agree to participate in any promotional campaigns and advertising and other programs that FSI periodically establishes.

This level of control over advertising is typical in franchising, allowing Fat Shack to maintain brand consistency and protect its image. A prospective franchisee should carefully consider these requirements and ensure they are comfortable with the level of oversight before investing in a Fat Shack franchise.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.