Does Mr. Sandless have sole discretion over the creative concepts and materials used in advertising?

According to the 2025 Mr. Sandless Franchise Disclosure Document, Mr. Sandless maintains significant control over advertising and promotional materials. Specifically, Mr. Sandless has the right to direct all advertising activities with sole discretion over creative concepts, materials, and media used, as well as their placement and allocation. This means that while franchisees are required to contribute to an Advertising Fund and conduct local advertising, the franchisor ultimately decides how the fund is spent and what creative content is used.

Mr. Sandless franchisees are required to spend a minimum of $1,500 each month on local advertising to promote their franchised business within their designated territory. Franchisees must submit all sales promotional and advertising materials to Mr. Sandless for review at least 21 days before use. Failure by Mr. Sandless to approve or disapprove the materials within this 21-day period is considered a disapproval. Franchisees cannot use any advertising or promotional materials without prior written approval from Mr. Sandless.

Furthermore, Mr. Sandless restricts franchisees from having individual websites related to the business or using the Mr. Sandless name in a URL without prior written approval. Franchisees are also prohibited from promoting their business or using the Proprietary Marks on social media platforms without prior written consent. These stipulations ensure that Mr. Sandless maintains brand consistency and controls the public image of the franchise.

These advertising rules are typical in franchising, where franchisors seek to maintain brand standards and consistency across all locations. However, the level of control Mr. Sandless exerts may limit a franchisee's ability to tailor advertising to their specific local market without express approval. Prospective franchisees should carefully consider these restrictions and discuss their advertising plans with Mr. Sandless to ensure they align with the franchisor's requirements.