What is the process for a Mr. Sandless franchisee to request the Advertising Fund statement?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
We have established a System-wide advertising fund (the "Advertising Fund") for the common benefit of System franchisees. You are required to participate in and contribute monthly to the Advertising
Fund an amount equal to one percent (1%) of your Gross Sales. You must pay the Advertising Fee in the same manner and at the same time as the Royalty Fees due under this Agreement. Any Businesses owned by us or our affiliates will contribute to the Advertising Fund on the same basis as our franchisees. The Advertising Fund will be administered as follows:
- 13.5.1 We will use Advertising Fund contributions, in our sole discretion, to develop, satisfy any and all costs of developing, preparing, producing, directing, administering, conducting, maintaining and distribute national, regional and/or local advertising and to create advertising materials and public relations programs which promote, in our sole judgment, the products and services offered by Mr.
Sandless Businesses and sales and marketing seminars and training programs of every kind and nature..
We have the sole right to determine contributions and expenditures from the Advertising Fund, or any other advertising program, and sole authority to determine, without limitation, the selection of the advertising materials and programs; provided, however, that we will make a good faith effort to expend Advertising Fund contributions in the general best interests of the System on a national or regional basis.
We may use the Advertising Fund to satisfy any and all costs of maintaining, administering, directing, preparing, and producing advertising, including the cost of preparing and producing television, radio, magazine, social media, newspaper and electronic advertising campaigns, direct mail and outdoor billboard advertising; public relations activities conducting marketing research, employing advertising agencies to assist therein; developing, enhancing and maintaining the Website; and personnel and other departmental costs for advertising that we internally administer or prepare.
Nevertheless, you acknowledge that neither you nor any other System franchisees will benefit directly or on a pro rata basis from such expenditures.
While we do not anticipate that any part of the Advertising Fund contributions will be used for advertising which is principally a solicitation for franchisees, we reserve the right to use the Advertising Fund for public relations or recognition of the Mr.
Sandless brand, for the creation and maintenance of a Website, a portion of which can be used to explain the franchise offering and solicit potential franchisees, and to include a notation in any advertisement indicating "Franchises Available."
- 13.5.2 We may periodically assist franchises to maintain high quality standards through customer surveys, customer interviews, and other similar initiatives ("Surveys").
The cost of such programs will be borne by the Advertising Fund.
The cost of these programs may be charged directly to you if your results of a Survey fall below System established minimum standards for such Surveys.
Any such fees charged will be contributed to the Advertising Fund.
- 13.5.3 We have the right to reimburse ourselves from the Advertising Fund contributions for such reasonable costs and overhead, if any, as we may incur in activities reasonably related to the direction and implementation of the Advertising Fund.
Any monies remaining in the Advertising Fund at the end of any fiscal year shall carry forward to the next fiscal year.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
Based on the 2025 Mr. Sandless Franchise Disclosure Document, the document does not describe a process for a franchisee to request an Advertising Fund statement. The FDD does outline how the Advertising Fund is managed. Mr. Sandless has sole discretion over the contributions to and expenditures from the Advertising Fund. They also have sole authority to determine the advertising materials and programs. Mr. Sandless makes a good faith effort to expend Advertising Fund contributions in the general best interests of the System on a national or regional basis.
The fund can be used for various advertising methods, including television, radio, social media, and newspaper campaigns, as well as public relations, marketing research, website maintenance, and personnel costs. Franchisees acknowledge that they may not directly or proportionally benefit from these expenditures.
Mr. Sandless may use the Advertising Fund for public relations, brand recognition, website creation, and even franchise solicitation. They can also reimburse themselves for reasonable costs related to the Advertising Fund's direction and implementation, with any remaining funds carrying over to the next fiscal year.
Prospective franchisees should inquire with Mr. Sandless about the availability of regular Advertising Fund statements and the level of detail provided in those statements to ensure transparency and accountability in the use of these funds.