Can Stretch Zone require a franchisee to discontinue previously approved promotional materials or advertising?
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, Stretch Zone has the authority to require franchisees to withdraw or discontinue the use of any promotional materials or advertising, even if those materials were previously approved. This action can be taken if Stretch Zone believes the materials or advertising could potentially harm the Business System.
If Stretch Zone requires a franchisee to discontinue using certain materials, the franchisee has 5 days after receiving written notice to comply, unless an alternative agreement is made in writing. This gives Stretch Zone significant control over the marketing and advertising efforts of its franchisees, ensuring brand consistency and protecting the overall image of the Business System.
This level of control is relatively common in franchising, as franchisors typically want to maintain a consistent brand image across all locations. However, it's important for prospective Stretch Zone franchisees to understand that their local advertising efforts are subject to franchisor approval and can be changed or stopped even after initial approval. Franchisees should factor in the potential costs and time associated with revising or replacing marketing materials if required by Stretch Zone.