Does Mr. Sandless consider websites as advertising under the Franchise Agreement?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
les promotional and advertising materials you desire to use. Our failure to approve or disapprove the materials within such twenty-one (21) day period will be deemed disapproval. You may not use any advertising or promotional materials for which we have has not given our specific, prior written approval. At our request, you must include certain language in your local advertising and promotional materials, such as "Franchises Available" and our website address and telephone number.
If you fail to get approval prior to using any piece of marketing in your Business, or use generally any unapproved marketing efforts including online, you will be fined Five Hundred Dollars ($500) per occurrence.
13.2 Territorial Marketing Restriction
You are not permitted to solicit customers and/or advertise outside the Designated Territory, except to the extent that you have received our prior written approval to do so. Such approval to be granted or denied is at our sole discretion. We may condition our authorization upon your agreement to offer System franchisees that are operating Businesses in contiguous territories the opportunity to participate in, and share the expense of, such solicitation and/or advertising. You may not advertise your Business or any products or services offered by the Business via the Internet without our prior written consent, which may be given or withheld in our sole discretion. Notwithstanding the foregoing, we recognize that certain methods of advertising (such as radio and television) may reach a larger audience outside of your Designated Territory and, in such event and provided you have offer other System franchisees the opportunity to participate in such advertising, you will not be in violation of this Agreement.
13.3 Internet Website
We may establish a website that provides information about the System and the Mr. Sandless products and services. We may use part of the monies from the Advertising Fund (described in Section 13.4 below) that we collect under this Agreement to pay or reimburse the costs associated with the development, maintenance and update of such website. We will be the webmaster, either directly or through a third party, and we
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, websites and other online platforms are considered advertising. The Franchise Agreement states that franchisees need prior written approval from Mr. Sandless to advertise their Business or any products or services offered by the Business via the Internet. This includes maintaining an individual website related to the Business or establishing a uniform resource locator (URL) incorporating any variation of the "Mr. Sandless" name or the Proprietary Marks.
Mr. Sandless may establish a website that provides information about the System and the Mr. Sandless products and services. Mr. Sandless will be the webmaster, either directly or through a third party, and has sole discretion and control over such website. Part of the monies from the Advertising Fund may be used to pay or reimburse the costs associated with the development, maintenance, and update of such website.
If a franchisee fails to get approval prior to using any piece of marketing in their Business, including online marketing efforts, they will be fined $500 per occurrence. Upon termination of the Franchise Agreement, franchisees must also take action to cancel all registrations relating to the use of any of the Proprietary Marks, including any electronic address, domain name, search engine, or website that associates them with Mr. Sandless.