Does Fitstop have the right to deny advertising/marketing materials submitted by a franchisee?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
All advertising and promotion materials that you use in connection with your Franchised Business must be approved by us and conform to the standards and requirements that we specify. We may make available to you from time to time, at your expense, certain promotional materials, including newspaper mats, coupons, merchandising materials, point-of-purchase materials, special promotions, and similar advertising and promotional materials. You must also participate in certain promotions and advertising programs that we establish as an integral part of our System, provided these activities do not contravene regulations and laws of appropriate governmental authorities.
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, Fitstop retains significant control over the advertising and marketing materials used by its franchisees. Fitstop requires that all advertising and promotion materials used by a franchisee in connection with their Fitstop business must be approved by Fitstop and conform to the standards and requirements that Fitstop specifies.
A Fitstop franchisee must submit any advertising or promotional materials that have not been previously approved or designated within the preceding 12 months to Fitstop for prior written approval at least ten days before publication. Fitstop will then use commercially reasonable efforts to notify the franchisee of its approval or disapproval within 30 days of receiving the materials. However, if the franchisee does not receive written approval within that 30-day period, the materials are deemed disapproved, and the franchisee is not allowed to use them.
Even if Fitstop initially approves advertising or marketing materials, Fitstop reserves the right to require the franchisee to discontinue using those materials at any time, including materials Fitstop previously approved. This allows Fitstop to maintain brand consistency and control over its public image, but it also means that a franchisee's marketing efforts are subject to Fitstop's ongoing oversight and potential changes.