Does Fat Shack provide any guidelines on how to obtain approval for using a public figure in advertising?
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)
The 2025 Fat Shack Franchise Disclosure Document (FDD) states that franchisees must obtain prior written approval from Fat Shack for all advertising and marketing programs not previously approved. This includes various forms of advertising such as "Yellow Pages", 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." Franchisees must submit any proposed advertising or marketing program descriptions to Fat Shack at least 10 days before publication, broadcast, or use. However, the FDD does not specifically mention any guidelines or procedures related to the use of public figures or celebrities in advertising.
While the FDD outlines the general advertising approval process, it does not provide specific guidance on the use of public figures. It emphasizes that all advertising must conform to Fat Shack's standards and specifications, and franchisees are responsible for the costs of any necessary modifications to meet these standards. Fat Shack retains the right to develop and control all advertising using their trademarks on the Internet. The FDD also mentions the possibility of a Marketing and Promotion Fee, up to 1½ percent of Gross Sales, which Fat Shack may use for various advertising and public relations expenditures.
Given the lack of specific guidelines in the FDD, it is important for a prospective Fat Shack franchisee to directly inquire with the franchisor about the process and requirements for using public figures in advertising. This would include understanding any specific legal or brand-related considerations, approval criteria, and potential costs associated with such campaigns. Understanding these factors is crucial for franchisees who may want to leverage celebrity endorsements or public figure associations to promote their Fat Shack restaurant.