Under what condition can a Fat Shack franchisee use the name of a public figure in their 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)
According to the 2025 Fat Shack Franchise Disclosure Document, a franchisee must obtain prior written approval from FSI (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, but is not limited to, advertising in the "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.
This means that if a Fat Shack franchisee wants to use the name of a public figure in their advertising, they must first submit the proposed advertising to FSI for review and approval. FSI has the right to withhold consent in its sole discretion. This requirement ensures that all advertising and promotional materials align with Fat Shack's standards and specifications, protecting the brand's image and reputation.
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. This allows FSI sufficient time to review the materials and provide feedback or request modifications. The franchisee is responsible for covering the costs of any necessary modifications to meet FSI's standards. This process applies to all forms of advertising, including electronic advertising such as internet websites, social media, and email marketing.
This level of control over advertising is common in franchising to maintain brand consistency and prevent franchisees from making misleading or damaging claims. Prospective Fat Shack franchisees should be aware of these requirements and factor in the time and potential costs associated with obtaining advertising approval from FSI.