factual

What is the process for Fitstop to approve or disapprove media used in advertising programs?

Fitstop Franchise · 2024 FDD

Answer from 2024 FDD Document

ble upon payment, and we will account separately for all sums paid to the Fund.

  • 6.6 System Marketing Material and/or Promotional Campaigns. We will direct all advertising programs and have sole discretion to approve or disapprove the creative concepts, materials, and media used in the programs. Based thereon, we will have sole discretion to administer the marketing fees this Agreement describes herein. Subject to the exceptions this Agreement identifies and the Manual(s), you shall use only advertising and advertising materials we provide. Where your advertising campaign is not in conformance with the Manual(s), you will submit to us all advertising plans and advertising materials of any type, including, but not limited to, any digital media communication methods such as websites, blogs, instant message services, social media sites (i.e., Facebook, Twitter, Instagram, TikTok) and any comparable digital media communications at least 30 calendar days prior to publication, including any advertising on the internet, for our approval which we may grant or withhold in our sole judgment or modify at our discretion.
  • 6.7 Ownership Acknowledgement. The approval by us of your advertising plans or advertising materials shall not, directly or indirectly, require us to pay for such advertising plans or advertising materials. Moreover, we can, at our discretion, adopt such advertising plans or advertising materials and use them for our own benefit or disseminate them for use by other franchisees.
  • 6.8 Telephone and Communications Systems. You must, if requested in writing by us at any time during the Term, at your cost: (1) install and use in the Franchise telephone and other communications systems (including point of sale hardware and software) specified by us for the operation of the Franchise; (2) change or upgrade any telephone and communications systems used in the Franchise which we consider obsolete or superseded, including installation of new telephone and communication systems specified by us; and (3) ensure that all telephone and communications systems are secure from unauthorized access or use. You: must (1) pay on time all charges payable to any telecommunications service provider or to any other person in connection with the use of these systems; and (2) change, substitute, or discontinue the use of any communications number when requested by us. We can require you, at any time and for any reason, to execute a transfer of any communications number to be held by us.
  • ©2024 Fitstop USA, Inc. 6.9 Computer System; Required Software. You must at your cost: (1) install and use in the Franchise computer hardware and software which satisfies the functionality and specification requirements specified by us; (2) acquire and maintain software licenses in respect to all Required Software, whether covered by the Technology Fee or otherwise; and (3) change or upgrade any computer hardware or software used in the Franchise which we reasonably consider is obsolete or superseded, including installation of new computer hardware or software which satisfies the then current functionality and specification requirements specified by us. For the purposes of this Section, we may, at any time during the Term, require you to purchase computer hardware or license software specified by us directly from us or, subject to law, certain

suppliers which we may approve. You must allow us to have access to your computer hardware and software and to all information that is stored in it including by any instantaneous means of telecommunication or internet protocol, unless prohibited by state or federal law. If we introduce a pointof-sale system, you must install the point-of-sale system approved by us that meets our performance standards.

Source: Item 23 — RECEIPTS (FDD pages 50–135)

What This Means (2024 FDD)

According to Fitstop's 2024 Franchise Disclosure Document, Fitstop has sole discretion to approve or disapprove the creative concepts, materials, and media used in advertising programs. Fitstop directs all advertising programs. Franchisees must submit all advertising plans and materials, including digital media, at least 30 calendar days before publication for approval, which Fitstop may grant, withhold, or modify at its discretion.

Fitstop may develop general marketing, advertising, or promotional activities for all franchises, and franchisees must comply with and participate in these campaigns. Franchisees gain access to marketing materials, including template emails and presentation packs, through the online system and manuals. Franchisees must display only approved advertising materials on the premises and maintain them in good condition. Fitstop can remove any unapproved or poorly maintained advertising materials.

Any social media activity not conforming to the manuals requires Fitstop's written approval in advance. Franchisees must comply with Fitstop's directions regarding social media activity, and Fitstop is authorized to remove any unapproved social media content. Franchisees are prohibited from disparaging Fitstop or other franchisees on social media. Fitstop also makes staff available for consultation on operations, advertising, promotion, and administration, with scheduled meetings with business performance coaches.

Disclaimer: This information is extracted from the 2024 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.