What are the requirements for Advertising and Promotional Content that franchisees of Moes Southwest Grill or their agents develop or implement?
Moes_Southwest_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
ion does not qualify as a work made-for-hire for us, by this Section you assign ownership of that Innovation, and all related rights to that Innovation, to us and agree to sign (and to cause your Owners, employees, and contractors to sign) whatever assignment or other documents we request to evidence our ownership or to help us obtain intellectual property rights in the Innovation. We and our affiliates have no obligation to make any payments to you or any other person with respect to any Innovations. You may not use any Innovation in operating the Franchised Business or otherwise without our prior approval.
10. ADVERTISING AND PROMOTION
10.1 Local Advertising, Marketing and Promotion.
A. Advertising Standards. Except as otherwise provided in the Manuals, you may use only Advertising and Promotional Content that we have furnished or approved in writing in advance. "Advertising and Promotional Content" includes all advertising, marketing, promotional, customer relationship management, public relations, and other brand-related programs, materials, and content relating to the Franchised Business, the Marks, or the Approved Products, including (i) any branded materials (such as business cards, signs, counter cards, banners, posters, displays, window clings, and in-store messaging), (ii) press releases, (iii) printed materials (such as leaflets, direct mail materials, coupons, and published advertisements), (iv) promotional items (such as branded specialty and novelty items, products, and clothing), (v) audio or video advertising (such as radio, television, or podcast ads or online video postings), and (vi) Digital Marketing (as defined in Section 10.2 (Digital Marketing)). You must ensure that all Advertising and Promotional Content that you or your agents or representatives develop or implement related to the Franchised Business is (a) clear, factual, ethical, and not misleading, (b) complies with all Laws, and (c) conforms to our Standards and the advertising and marketing policies that we periodically specify. You may not market or advertise in violation of federal laws regulating advertising, such as the CAN-SPAM Act and the TCPA, and state advertising laws applicable to your Franchised Business.
B. Submission and Review of Proposed Content.
Source: Item 22 — Contracts (FDD page 92)
What This Means (2025 FDD)
According to Moe's Southwest Grill's 2025 Franchise Disclosure Document, franchisees must adhere to specific standards when creating advertising and promotional content. Any advertising and promotional content, including branded materials, press releases, printed materials, promotional items, audio or video advertising, and digital marketing, must be approved in writing by Moe's Southwest Grill, unless the content is already provided by the franchisor or specified in the manuals.
The FDD outlines that all advertising and promotional content developed or implemented by franchisees or their agents must be clear, factual, ethical, and not misleading. It must also comply with all applicable laws and conform to Moe's Southwest Grill's standards and advertising/marketing policies. Franchisees are prohibited from violating federal laws regulating advertising, such as the CAN-SPAM Act and the TCPA, as well as any state advertising laws relevant to their Moe's Southwest Grill franchise.
Before using any advertising and promotional content, franchisees must submit copies to Moe's Southwest Grill for written approval, except for materials already furnished by the franchisor or detailed in the manuals. Moe's Southwest Grill retains the right to approve or disapprove any advertising content and the media in which it is used, at its sole discretion. Furthermore, Moe's Southwest Grill reserves the right to require franchisees to discontinue using any advertising content for any reason.