Can the Ad Fund be used for up-sell programs at Moes Southwest Grill?
Moes_Southwest_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
We may use the Ad Fund to meet the costs of administering, preparing, and conducting national, local, or regional advertising, promotional, or brand building programs of any kind, including the cost of (i) preparing and conducting television, radio, magazine, newspaper, and digital advertising campaigns and other public relations activities (including, but not limited to, for purposes of brand reputation management), (ii) employing public relations firms and advertising agencies to assist in these activities, and (iii) conducting other activities that are directly or indirectly designed to promote the System, its franchisees, and/or increase System sales, such as limited-time menu offerings, crew incentives, franchisee incentive and/or promotional programs, customized materials (e.g., cups), up-sell programs, guest response programs, manager/employee recognition programs, quality assurance and food safety programs, mystery shop and shopper programs, brand websites and ordering platforms, brand applications, social media account administration and promotion, and in-store equipment and technologies related to such marketing programs. We may use the Ad Fund to compensate us for the reasonable administrative costs and overhead we incur in activities related to advertising and promotional programs, including new product development; market research; preparing advertising and promotional materials; Digital Marketing (as defined below); working with public relations firms, advertising agencies, advertising placement services, and creative talent; reimbursing franchisee advisory council meeting expenses; developing and maintaining, and paying third parties for the development and maintenance of, internet sites, applications, and other equipment and technologies related to marketing programs.
Source: Item 11 — Franchisor's Assistance, Advertising, Computer Systems, and Training (FDD pages 53–68)
What This Means (2025 FDD)
According to Moes Southwest Grill's 2025 Franchise Disclosure Document, the Ad Fund can be used for up-sell programs. Moes Southwest Grill may use the Ad Fund to cover the costs of various advertising, promotional, and brand-building initiatives. These initiatives can be at the national, local, or regional level.
Specifically, the Ad Fund can be used for activities that promote the Moes Southwest Grill system, its franchisees, and/or increase system sales. These activities include up-sell programs, among other things like limited-time menu offerings, crew incentives, franchisee incentive and/or promotional programs, customized materials (e.g., cups), guest response programs, manager/employee recognition programs, quality assurance and food safety programs, mystery shop and shopper programs, brand websites and ordering platforms, brand applications, social media account administration and promotion, and in-store equipment and technologies related to such marketing programs.
Moes Southwest Grill maintains sole authority over the Ad Fund, including the discretion to direct advertising programs and promotions. This control extends to creative concepts, materials, media, and the allocation of advertising expenditures. While the Ad Fund can support up-sell programs, franchisees should note that Moes Southwest Grill is not obligated to ensure that advertising expenditures benefit any particular franchisee directly or proportionately.