Does Healthsource Chiropractic have the right to use my name and likeness for advertising and promotion?
Healthsource_Chiropractic Franchise · 2025 FDDAnswer from 2025 FDD Document
As stated in Paragraph 6.3a, due to the value of advertising and the importance of promoting the public image of HealthSource Chiropractic Clinic franchises, we may establish, maintain, and administer an Ad Fund to support and pay for national, regional, or local marketing and promotional programs that we deem necessary, desirable, or appropriate, in our sole discretion, to promote the good will and image of all HealthSource Chiropractic Clinic franchises.
You will contribute to it the Advertising Fee set forth in Section 6.3a.
We agree that any Clinics owned by us or our affiliates will be required to contribute to the Ad Fund on at least the same basis as you do, subject only to limitation under applicable law.
HealthSource Chiropractic will be entitled to direct all advertising programs financed by the Ad Fund, with sole discretion over (i) the creative concepts, materials, endorsements, and media used therein, and (ii) the geographic, market, and media placement and allocation of the programs.
HealthSource Chiropractic shall have the right to determine, in its sole discretion, the composition of all geographic territories and market areas for the development and implementation of such programs.
You agree that the Ad Fund may be used to pay any and all costs of maintaining, administering, directing, and preparing national, regional or local advertising materials, programs, and promotional activities, including, without limitation, (a) costs for preparing and conducting television, radio, magazine, billboard, newspaper, internet and other media programs and activities, (b) costs associated with conducting marketing research, (c) costs associated with website development and marketing, including without limitation, search engine optimization and social media, (d) administering regional and multi-regional advertising programs, including, without limitation, purchasing direct mail and other media advertising, (e) employing advertising, program and marketing agencies, and vendors providing marketing services, (f) development, implementation and maintenance of online asset management tools, (g) marketing and advertising training programs and materials, and (h) costs for providing promotional brochures and advertising templates and materials to HealthSource Chiropractic Clinic franchises.
Source: Item 23 — Receipts (FDD pages 77–282)
What This Means (2025 FDD)
The 2025 Franchise Disclosure Document does not explicitly state that Healthsource Chiropractic has the right to use a franchisee's name and likeness for advertising and promotion. However, the document does state that Healthsource Chiropractic may establish and administer an Ad Fund to support marketing and promotional programs.
According to the FDD, franchisees are required to contribute to this Ad Fund, which is two percent of the gross revenues of the franchise. Healthsource Chiropractic has sole discretion over the creative concepts, materials, endorsements, and media used in advertising programs financed by the Ad Fund. This includes television, radio, magazine, billboard, newspaper, and internet advertising.
While the document outlines Healthsource Chiropractic's control over advertising content and media placement, it does not specify whether this control extends to using a franchisee's personal name or likeness. A prospective franchisee should seek clarification from Healthsource Chiropractic regarding the use of franchisee names and likenesses in advertising and promotional materials to fully understand their rights and obligations.