Which sections of the Mr. Sandless franchise agreement and disclosure document item cover advertising obligations?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 11: FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING]
Internet / Website
Other than the services that we may provide to you in connection with a website we may establish, we do not permit you to have an Internet worldwide webpage in connection with your Business. (Franchise Agreement, Section 13.3) Also, you are not permitted to maintain an individual website related to the Business, or to establish a URL (uniform resource locator) incorporating any variation of the "Mr. Sandless" name or the Proprietary Mark without our prior written approval, which we are not required to provide. (Franchise Agreement, Section 13.3)
We have established an internet "pay per click" advertising program in which you may choose to participate. If you choose to participate in this program, you will pay the costs related to your Business (see Item 6). These costs may be included in your Local Advertising Requirement.
Websites (as defined below) are considered as "advertising" under the Franchise Agreement, and are subject (among other things) to our review and prior written approval before they may be used (as described below). As used in the Franchise Agreement, the term "Website" means an interactive electronic document contained in a network of computers linked by communications software that you operate or authorize others to operate and that refers to the Business, Proprietary Marks, us, or the System. The term Website includes Internet and World Wide Web home pages.
In connection with any Website, the Franchise Agreement provides that you may not establish a Website related to the Proprietary Marks or the System, nor may you offer, promote, or sell any products or services, or make any use of the Proprietary Mark, through the Internet without our prior written approval. As a condition to granting any consent, we will have the right to establish any requirement that we deem appropriate, including a requirement that your only presence on the Internet will be through one or more web pages that we establish on our Website.
You are strictly prohibited from promoting your Business or using the Proprietary Marks in any manner on social or networking Websites, such as Facebook, LinkedIn, Twitter, X. Instagram, or TikTok without our prior written consent.
[Item 22: CONTRACTS]
WHEREAS, Franchisee desires to enter into a franchise agreement with Franchisor for an Mr. Sandless business ("Franchise Agreement") which will allow Franchisee to conduct internet-based advertising, maintain social media accounts, software accounts, and use telephone listings linked to the Mr. Sandless brand.
WHEREAS, Franchisor would not enter into the Franchise Agreement without Franchisee's agreement to enter into, comply with, and be bound by all the terms and provisions of this Agreement;
NOW, THEREFORE, for and in consideration of the foregoing and the mutual promises and covenants contained herein, and in further consideration of the Franchise Agreement and the mutual promises and covenants contained therein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Definitions
All terms used but not otherwise defined in this Agreement shall have the meanings set forth in the Franchise Agreement. "Termination" of the Franchise Agreement shall include, but shall not be limited to, the voluntary termination, involuntary termination, or natural expiration thereof.
2. Internet Advertising and Telephone Accounts
2.1 Interest in Websites, Social Media, and Software Accounts and Other Electronic Listings. Franchisee may acquire (whether in accordance with or in violation of the Franchise Agreement) during the term of Franchise Agreement, certain right, title, or interest in and to certain domain names, social media accounts, software accounts, hypertext markup language, uniform resource locator addresses, access to corresponding internet websites, and the right to hyperlink to certain websites and listings on various internet search engines (collectively, "Electronic Advertising") related to the Franchised Business or the Marks.
2.2 Interest in Telephone Numbers and Listings. Franchisee has or will acquire during the term of the Franchise Agreement, certain right, title, and interest in and to those certain telephone numbers and regular, classified, internet page, and other telephone directory listings (collectively, the "Telephone Listings") related to the Franchised Business or the Marks.
2.3 Transfer.
On Termination of the Franchise Agreement, or on periodic request of Franchisor, Franchisee will immediately:
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 18–19)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, Item 11 and Section 13.3 of the Franchise Agreement outline the advertising obligations for franchisees. Specifically, these sections address internet and website advertising, including restrictions on creating individual websites or using the Mr. Sandless name in URLs without prior written approval. Mr. Sandless has established a "pay per click" advertising program that franchisees can participate in, with costs potentially counting towards their local advertising requirement. Websites are considered advertising and are subject to review and approval by Mr. Sandless.
Mr. Sandless strictly prohibits franchisees from promoting their business or using the Proprietary Marks on social media platforms like Facebook, LinkedIn, Twitter, Instagram, or TikTok without prior written consent. This indicates that Mr. Sandless maintains tight control over its brand image and marketing strategies, requiring franchisees to adhere to specific guidelines and seek approval for online advertising efforts.
Furthermore, Item 22 references that the Franchisee will conduct internet-based advertising and maintain social media accounts linked to the Mr. Sandless brand. Section 2 of Item 22 discusses interest in websites, social media, software accounts, and other electronic listings, as well as telephone numbers and listings. It also states that upon termination of the Franchise Agreement, the Franchisee will immediately transfer interest in websites, social media, and software accounts to Mr. Sandless.