If a Floyds 99 franchisee uses a celebrity in advertising, is Floyds 99's approval required?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
13.1 Approval of Advertising. The Franchisee shall obtain the Franchisor's prior written approval of all written advertising or other marketing or promotional programs regarding the FLOYD'S 99 Shop, including, without limitation, "Yellow Pages" and other directory listing advertising, newspaper ads, flyers, brochures, magazines, coupons, direct mail pieces, specialty and novelty items and radio, television. See Section 13.6 below regarding electronic advertising. The Franchisee shall also obtain the Franchisor's prior written approval before using any promotional materials as may be provided by vendors. The proposed written advertising or a description of the marketing or promotional program shall be submitted to the Franchisor at least 30 days prior to publication, broadcast or use. The Franchisee acknowledges that advertising and promoting the FLOYD'S 99 Shop in accordance with the Franchisor's standards and specifications is an essential aspect of the Licensed Methods, and the Franchisee agrees to comply with all advertising standards and specifications. The Franchisee shall display all required promotional materials, signs, point of purchase displays and other marketing materials in its FLOYD'S 99 Shop and in the manner prescribed by the Franchisor. The Franchisee agrees to participate in any mandatory gift card or customer loyalty card programs implemented by the Franchisor in accordance with all of the Franchisor's standards and specifications. The Franchisee acknowledges and agrees that participation in a gift card or customer loyalty card program, whether voluntary or required, may require the Franchisee to pay fees, enter into agreements or purchase equipment or other products or services from the Franchisor or from a designated third-party supplier.
Source: Item 18 — PUBLIC FIGURES (FDD page 49)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, franchisees must obtain prior written approval from Floyds 99 for all advertising and marketing programs. This requirement extends to all forms of advertising, including written advertisements, marketing programs, and promotional materials. This would include any advertising that uses a celebrity.
The FDD specifies that franchisees must submit proposed advertising or a description of marketing programs to Floyds 99 at least 30 days before their intended use. Floyds 99 emphasizes that adhering to its advertising standards is crucial for maintaining the consistency and quality of the brand.
This approval process ensures that all advertising aligns with Floyds 99's brand standards and specifications. Floyds 99 also maintains control over electronic advertising, requiring prior written consent for any electronic communication related to the brand, including social media and websites. This comprehensive oversight allows Floyds 99 to manage its brand image and marketing strategies effectively across all franchise locations.