Are there any exceptions to the rule that Floyds 99 requires approval for all advertising?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
lties, National Marketing Contributions, product purchases from the Franchisor or its affiliates, interest or any other indebtedness. The Franchisee acknowledges that the Franchisor has the right to set-off any amounts the Franchisee may owe to the Franchisor against any amounts the Franchisor might owe to the Franchisee.
13. ADVERTISING
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.
13.2 National Marketing Contribution. The Franchisee shall make contributions ("National Marketing Contributions") to a national advertising fund established by the Franchisor ("National Marketing Fund"). The amount of the National Marketing Contribution is currently 1.5% of Franchisee's Gross Sales and can be changed by Franchisor from time to time.
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 promotional materials related to their shop. This includes a wide range of advertising methods, such as directory listings, newspaper ads, flyers, brochures, magazines, coupons, direct mail, specialty items, and radio and television advertisements. Floyds 99 also requires franchisees to get approval before using any promotional materials provided by vendors. Franchisees must submit their proposed advertising materials or a description of their marketing programs to Floyds 99 at least 30 days before they plan to use them.
Floyds 99 emphasizes that adhering to their advertising standards and specifications is crucial for maintaining the brand's image and consistency. Franchisees are also required to display all promotional materials, signs, and point-of-purchase displays as directed by Floyds 99. Additionally, franchisees must participate in any mandatory gift card or customer loyalty card programs implemented by Floyds 99, which may involve paying fees or purchasing equipment or services from Floyds 99 or a designated third-party supplier.
While franchisees can create their own advertising and promotion materials, Floyds 99 retains control over the content and format. All advertising must be in a medium, type, and format approved by Floyds 99, conducted in a dignified manner, and conform to the standards and requirements specified by Floyds 99. Franchisees cannot use any advertising, promotional plans, discounts, or coupons without prior written approval from Floyds 99. Funds spent through sites or networks such as Indeed, Craigslist or other similar sites or professional networks, whether to recruit employees or for other purposes, are not approved as local advertising.