Does Mr. Sandless have the right to reimburse itself from the Advertising Fund for advertising-related costs?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
We have the right to reimburse ourselves out of the Fund for the total costs (including indirect costs) of developing, producing and distributing any advertising materials and collecting the Advertising Fee (including attorneys', auditors' and accountants' fees and other expenses incurred in connection with collecting any Advertising Fee).
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 has the right to reimburse itself from the Advertising Fund. This reimbursement covers the total costs, including indirect costs, associated with developing, producing, and distributing advertising materials. It also includes the costs of collecting the Advertising Fee, such as attorneys', auditors', and accountants' fees, and other related expenses.
This means that Mr. Sandless can use the money in the Advertising Fund, which is contributed to by franchisees at a rate of 1% of their gross sales each month, to cover its expenses related to advertising and collecting advertising fees. This is a common practice in franchising, as it allows the franchisor to manage and control the advertising efforts for the benefit of the entire system, while also ensuring they are compensated for their administrative and creative work.
For a prospective Mr. Sandless franchisee, this implies that a portion of their advertising fee contributions may be used to reimburse Mr. Sandless for its advertising-related expenses. While this arrangement is typical, it's important for franchisees to understand how the Advertising Fund is managed and how the funds are allocated. Mr. Sandless will furnish an annual, unaudited statement of funds collected and costs incurred upon written request. Franchisees may want to inquire about the specific types of expenses that are reimbursed from the fund to ensure transparency and accountability.