Does Jersey Mikes have sole discretion over the creative concepts used in advertising programs?
Jersey_Mikes Franchise · 2025 FDDAnswer from 2025 FDD Document
10.1 Franchisee will submit to Franchisor or its designated agency, for its prior approval, all promotional materials and advertising to be used by Franchisee, including, but not limited to, newspapers, radio, television, and internet advertising, direct mail advertising, specialty and novelty items, signs, boxes, napkins, bags and wrapping papers, as well as any advertisement for the sale of the Restaurant. If Franchisor does not provide written approval of said advertising and promotional materials within fifteen (15) days after receiving such materials, said materials shall be deemed disapproved. Failure by Franchisee to conform with the provisions in this Agreement and subsequent non-action by Franchisor to require Franchisee to cure or remedy this failure and default shall not be deemed a waiver of future or additional failures and defaults or any other provision of this Agreement. The submission of advertising to Franchisor for approval shall not affect Franchisee's right to determine the prices at which Franchisee sells its products or services, except in accordance with Section 14.1 below.
Source: Item 22 — CONTRACTS (FDD page 77)
What This Means (2025 FDD)
According to Jersey Mike's 2025 Franchise Disclosure Document, franchisees must submit all promotional and advertising materials to Jersey Mike's for prior approval. This includes materials for newspapers, radio, television, internet, direct mail, specialty items, signs, boxes, napkins, bags, and wrapping papers, as well as advertisements for the sale of the restaurant. If Jersey Mike's does not provide written approval within fifteen (15) days of receiving the materials, the materials are deemed disapproved.
This requirement ensures that all advertising and promotional efforts align with Jersey Mike's brand standards and public image. While franchisees determine the prices at which they sell products or services, all advertising materials are subject to franchisor approval, allowing Jersey Mike's to maintain uniformity and quality control across all franchise locations.
Furthermore, franchisees must also adhere to Jersey Mike's standards for online presence, including domain names, websites, email addresses, and social media accounts. Any online presence must be approved in writing by Jersey Mike's, and franchisees may be required to grant Jersey Mike's access to these online platforms. Jersey Mike's also reserves the right to require franchisees to list and advertise the franchised restaurant with online directories and may prescribe specific guidelines for social networking websites or other online commentary related to the restaurant.