Does Stretch Zone provide any compensation to the franchisee for using photographs, audio, or video of the Franchise Business or customer testimonials for publicity and advertising purposes?
Stretch_Zone Franchise · 2025 FDDAnswer from 2025 FDD Document
We have the right to take and use photographs, audio and/or video of the Franchise Business or testimonials from customers of the Franchise Business for publicity and/or advertising purposes, without charge or compensation to you. The photographs, videos, and/or testimonials are our sole property. You acknowledge that we own all right, title and interest and any other rights, as permitted under applicable law, to these photos, audio and video recordings. You agree that we may use your and your Franchise Owners' names, likeness and voices in promoting the Franchise Businesses and the Business System. You consent and assign to us all right, title and interest to our use of these names, likenesses and voices. You will cooperate with us in obtaining these audio, video, photographs, testimonials, and the consent of any persons included in these materials.
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 the 2025 Stretch Zone Franchise Disclosure Document, Stretch Zone has the right to use photographs, audio, and video of the franchise business, as well as customer testimonials, for publicity and advertising purposes. The franchisee will not receive any compensation for this use. These materials become the sole property of Stretch Zone, and the franchisee acknowledges Stretch Zone's ownership and rights to them. Stretch Zone also has the right to use the names, likenesses, and voices of the franchisee and their franchise owners to promote the franchise businesses and the Stretch Zone system. Franchisees must cooperate in obtaining these materials and the consent of individuals included in them.
This means that Stretch Zone franchisees must allow Stretch Zone to take and use photos, audio, and video of their business and customer testimonials without any payment or other form of compensation. This includes the franchisee's and their employees' names, likenesses, and voices. The franchisee also gives up any rights to these materials, as Stretch Zone owns them outright.
For a prospective franchisee, this clause means they should be prepared to allow Stretch Zone to use their business's image and customer feedback for promotional purposes without expecting direct financial benefit. While this benefits the overall brand, individual franchisees do not receive specific compensation for their contributions. Franchisees should factor this into their understanding of the relationship with Stretch Zone, recognizing that their business's media presence may be leveraged for broader marketing initiatives without direct reimbursement.