What is the Ad Fund used for by Healthsource Chiropractic?
Healthsource_Chiropractic Franchise · 2025 FDDAnswer from 2025 FDD Document
not use Clinic Ad Fund contributions for advertising that is principally a solicitation for the sale of franchises.
An Ad Fund will be accounted for separately from our other funds and will not be used to pay any of our general operating expenses, except for salaries, administrative costs, and overhead that we incur in activities reasonably related to the administration of the Ad Fund and its marketing programs, including preparing advertising and marketing materials, and collecting and accounting for contributions to the Ad Fund. We may spend in any fiscal year an amount greater or less than the aggregate contributions to the Ad Fund in that year, and the Ad Fund may borrow from us or other lenders to cover the Ad Fund's deficits or invest any surplus for future use by the Ad Fund. We will prepare an annual unaudited statement of monies collected and costs incurred by the Ad Fund and will provide it to you upon written request. During the 2024 fiscal year the Ad Fund spent 14.5% on production, 29.3% on media placement, 53.1% on administrative expenses and 3.1% on other expenses (including annual conference branding and promotional expenses).
We may cause an Ad Fund to be incorporated or operated through an entity separate from us when we deem appropriate, and the entity will have the same rights and duties as we do under your Franchise Agreement. The Ad Fund will be intended to enhance recognition of the Marks and the goodwill and patronage of Clinic franchises. Although we will endeavor to use an Ad Fund to develop advertising and marketing materials and programs and place advertising that will benefit all contributing franchises, we have no obligation in developing, implementing, or administering advertising or promotional programs ensure that the Ad Fund's expenditures in or affecting any geographic area are proportionate or equivalent to the contributions made by any franchise in that geographic area, or that any franchise will benefit from the development of advertising and marketing materials or the placement of advertising by the Ad Fund directly or in proportion to the franchise's contribution to the Ad Fund. We assume no direct or indirect liability or obligation to you or any other HealthSource Chiropractic franchisee in connection with the establishment of an Ad Fund, or the collection, administration, or disbursement of monies paid into an Ad Fund. We will not be a fiduciary to you with respect to the management of the Ad Fund.
We may suspend contributions to, and the operations of, the Ad Fund for any period we deem appropriate, and may terminate the Ad Fund upon 30 days' written notice to you. All unspent monies held by the Ad Fund on the date of termination will be distributed to us, our affiliates, and you and our other franchisees in proportion to each party's respective contributions to the Ad Fund during the preceding 12-month period. We may reinstate a terminated Ad Fund upon the same terms and conditions set forth in the Franchise Agreement upon 30 days' advance written notice to you.
In the future, we may also establish a program to provide additional marketing services to Clinic franchises involving the placement of individuals on a local basis to perform marketing activities, subject to applicable law. This program will be optional for Clinic franchises. If you choose to use this marketing program, you must agree to pay the fee determined by us. Your franchise will only be permitted to use this program if you pay this fee.
In the future, we may also offer Clinic franchises the opportunity to participate in marketing promotions that we will provide directly to the franchise's patients via email, telephone, mail, social media, or other means. If you choose to use any of these optional marketing promotions, you must provide us with confirmation that your patients who will receive the marketing materials have given permission to be contacted for such purposes. We will not charge a fee for these promotions.
Computer System and Billing System
You must purchase and use the computer hardware and software and billing system (collectively, "Computer System") that we periodically designate to operate your HealthSource Chiropractic franchise. You must obtain the Computer System, software licenses, maintenance and support services, and other related services from the suppliers we specify (which may be limited to us and/or our affiliates). The Computer System will store and generate customer management and accounting, billing, and credit card information. The estimated initial cost of purchasing your Computer System will range from $0 to $2,000.00. We may periodically modify the specifications for, and components of, the Computer System. These modifications and/or other technological developments or events may require you to purchase, lease, and/or obtain by license new or modified computer hardware and/or software and obtain service and support for the
Computer System. The Franchise Agreement does not limit the frequency or cost of these changes, improvements, upgrades, or updates. We have no obligation to reimburse you for any Computer System costs. Within 60 days after you receive notice from us, you must obtain the components of the Computer System that we designate and ensure that your Computer System, as modified, is functioning properly.
We may charge you a reasonable fee for (i) installing, providing, supporting, modifying, and enhancing any proprietary software or hardware that we develop and license to you; and (ii) other Computer System-related maintenance and support services that we or our affiliates provide to you. If we or our affiliates license any proprietary software to you or otherwise allow you to use similar technology that we develop or maintain, then you must sign any software license agreement or similar instrument that we or our affiliates may require.
Source: Item 11 — Franchisor's Assistance, Advertising, Computer Systems, and Training (FDD pages 34–44)
What This Means (2025 FDD)
According to Healthsource Chiropractic's 2025 Franchise Disclosure Document, the Ad Fund is used to enhance recognition of the Healthsource Chiropractic marks, goodwill, and patronage of Clinic franchises. Healthsource Chiropractic administers all marketing programs financed by the Ad Fund and has sole discretion over the creative concepts, materials, endorsements, media used, and the geographic and market allocation of the Fund. The Ad Fund may cover costs related to national, regional, or local advertising materials, programs, and marketing activities. These activities include television, radio, magazine, billboard, newspaper, and internet programs, marketing research, website development, search engine optimization, social media, regional advertising programs, marketing agencies, online asset management tools, marketing and advertising training programs, and promotional brochures.
Specifically, the Ad Fund can pay for preparing and conducting media programs, marketing research, website development, administering regional advertising programs, employing marketing agencies, developing online asset management tools, and providing promotional materials to Healthsource Chiropractic Clinic franchises. The advertising materials may include video, audio, and written content prepared by Healthsource Chiropractic's in-house advertising department. Approved advertising materials are furnished to franchisees at the direct cost of production. The franchisor determines where the advertising is placed, including television, radio, and newspapers. The franchisor states that Clinic Ad Fund contributions will not be used for advertising that is principally a solicitation for the sale of franchises.
During the 2024 fiscal year, the Ad Fund spent 14.5% on production, 29.3% on media placement, 53.1% on administrative expenses, and 3.1% on other expenses, including annual conference branding and promotional expenses. Healthsource Chiropractic maintains the right to create separate advertising funds for Clinic franchises to accomplish national, regional, and local advertising and promotional programs. All Healthsource Chiropractic Clinics are required to contribute 2% of their gross revenues to the Ad Fund, and Healthsource Chiropractic has the right to increase or decrease this contribution with 30 days' written notice. Healthsource Chiropractic franchises owned by the company or its affiliates must also contribute to the Ad Fund on the same basis, subject to applicable law.