Does Mr. Sandless have the right to determine the geographic areas for advertising implementation?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
retion over creative concepts, materials and media used, as well as their placement and allocation.
We also have the right to determine, in our sole discretion, the composition of all geographic and market areas for the implementation of these advertising and promotional activities. The Advertising Fund is intended to maximize general public recognition in all media of the Proprietary Marks and patronage of Mr. Sandless
Businesses. We will use monies from the Advertising Fund to develop and prepare advertising which we will distribute to our franchisees for their placement in local media. Even though the Advertising Fund will prepare and distribute this advertising, every franchisee in the System may not derive the same or similar benefit from this advertising. We have no obligation to make sure that expenditures of the Advertising Fund in or affecting any geographic area are proportionate or equivalent to payments to the Advertising Fund by franchisees operating in that geographic area, or that any Business will benefit directly or in proportion to the Advertising Fees paid for the development of advertising and marketing materials or the placement of advertising. While we do not anticipate that any part of 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 our brand, for the creation and maintenance of a portion of our Website to be used to explain the franchise offering and solicit potential franchisees, and to include a notation in any advertisement indicating "Franchises Available."
We may periodically assist franchises to maintain high quality standards through customer surveys, customer interviews, and other similar initiatives ("Surveys"). The cost of these programs will be paid by the Advertising Fund;
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 19–25)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, Mr. Sandless retains the right to determine the geographic and market areas for advertising and promotional activities. This is intended to maximize public recognition of the Mr. Sandless brand.
This means that Mr. Sandless has the authority to decide how and where advertising funds are spent, and franchisees may not have control over the specific areas targeted. While the advertising fund will prepare and distribute advertising materials, there is no guarantee that every franchisee will benefit equally or proportionally from these efforts.
Mr. Sandless is not obligated to ensure that advertising expenditures in any geographic area are proportionate to the payments made by franchisees operating in that area. This could mean that some franchisees may contribute to the advertising fund but not see a direct benefit in their specific location. Mr. Sandless also retains the right to use the advertising fund for public relations, brand recognition, website maintenance, and even to solicit potential franchisees, which may not directly benefit current franchisees.
Mr. Sandless also directs all advertising activities with sole discretion over creative concepts, materials and media used, as well as their placement and allocation. This gives Mr. Sandless significant control over the brand's advertising strategy and implementation.