What is the procedure for a Fitstop franchisee to get approval for advertising materials not designated in the manuals?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
If you wish to use any advertising or promotional materials other than those that we have previously approved or designated within the preceding 12 months, then you must submit the materials you wish to use to us for our prior written approval at least ten (10) days prior to publication. We will use commercially reasonable efforts to notify you of our approval or disapproval of your proposed materials within 30 days of the date we receive the materials from you. If you do not receive our written approval during that time period, however, the proposed materials are deemed disapproved, and you may not use such materials. Once approved, you may use the proposed materials unless we: (i) prescribe a different time period for use; or (ii) require you to discontinue using the previously approved materials in writing. We may require you to discontinue the use of any advertising or marketing material, including materials we previously approved, at any time.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 24–35)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, franchisees must seek approval for advertising and promotional materials not already approved by Fitstop. If a franchisee wants to use materials that Fitstop hasn't pre-approved or designated within the last 12 months, they must submit these materials for written approval at least ten days before they plan to use them.
Fitstop commits to using commercially reasonable efforts to inform the franchisee of their decision within 30 days from receiving the materials. However, if the franchisee doesn't receive written approval within this 30-day period, the materials are considered disapproved, and the franchisee cannot use them.
Even if Fitstop initially approves the materials, they reserve the right to change their mind. Fitstop can prescribe a specific time period for the use of approved materials or require the franchisee to stop using previously approved materials by providing written notice. Fitstop retains the right to demand that a franchisee discontinue using any advertising or marketing material at any time, even if they had previously given their approval.
This level of control is typical in franchising, allowing Fitstop to maintain brand consistency and protect its image. However, it also means franchisees need to plan their marketing activities well in advance and be prepared to adapt to Fitstop's directives.