How much time does a Stretch Zone franchisee have to discontinue using promotional materials or advertising after receiving written notice from the franchisor?
Stretch_Zone Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Our Approval. You must submit to us for our approval all materials used for Local Advertising, unless we have previously approved the materials or the materials consist of materials we have provided. All materials containing the Intellectual Property must include the applicable designation - service marksm, trademark™, registered® or copyright© , or any other designation we specify. If you have not received our written disapproval of materials you submitted within 10 days from the date we received the materials, then we are deemed to have approved the materials. We may require you to withdraw and/or discontinue the use of any promotional materials or advertising, even if previously approved, if in our judgment, the materials or advertising may injure or be harmful to the Business System. You will have 5 days after you receive of our written notice to discontinue using the materials or advertising, unless otherwise agreed in writing.
Source: Item 8 — Receipts. Any sale made must be in compliance with § 683(8) of the Franchise Sale Act (N.Y. Gen. Bus. L. § 680 et seq.), which describes the time period a Franchise Disclosure Document (offering prospectus) must be provided to a prospective franchisee before a sale may be made. New York law requires a franchisor to provide the Franchise Disclosure Document at the earliest of the first personal meeting or ten (10) business days before the execution of the franchise or other agreement or the payment of any consideration that relates to the franchise relationship. (FDD pages 99–263)
What This Means (2025 FDD)
According to Stretch Zone's 2025 Franchise Disclosure Document, a franchisee has 5 days after receiving written notice from Stretch Zone to discontinue using promotional materials or advertising that Stretch Zone deems harmful to the Business System, unless otherwise agreed in writing.
This means that Stretch Zone has the right to require a franchisee to stop using certain advertising, even if it was previously approved, if they believe it could negatively impact the brand. The franchisee must comply with this request within 5 days of receiving written notice. This policy ensures that Stretch Zone maintains control over its brand image and marketing strategies.
This requirement is fairly standard in franchising, as franchisors typically want to ensure brand consistency and protect their trademarks. The franchisee should be aware of this requirement and be prepared to quickly remove any advertising materials if requested by Stretch Zone. It is also important to maintain open communication with Stretch Zone regarding advertising and promotional efforts to avoid potential issues.