Can Mr. Sandless require franchisees to include specific language in local advertising and promotional materials?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
13.3 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 have sole discretion and control over such website. You are not permitted to maintain an individual website related to the Business, or to establish a uniform resource locator (URL) incorporating
any variation of the "Mr. Sandless" name or the Proprietary Marks, without our prior written approval, which we are not required to provide.
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.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, franchisees must obtain approval prior to using any marketing materials for their business. If a franchisee fails to get approval before using any piece of marketing in their business, including online marketing, they will be fined $500 per occurrence.
Mr. Sandless may establish a website that provides information about the Mr. Sandless system, products, and services. Mr. Sandless will be the webmaster and have sole discretion and control over the website. Franchisees are not permitted to maintain an individual website related to the business or establish a URL incorporating any variation of the "Mr. Sandless" name or the proprietary marks without prior written approval from Mr. Sandless, which they are not required to provide.
Mr. Sandless also has the sole authority to determine the selection of advertising materials and programs. However, Mr. Sandless 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. Mr. Sandless may use the advertising fund to cover the costs of various advertising efforts, including television, radio, magazine, social media, newspaper, and electronic advertising campaigns, direct mail, and outdoor billboard advertising.