Franchise Advertisement Disclaimer Builder
Educational Compliance Tool

Franchise Advertisement Disclaimer Builder

Screen proposed franchise advertising for common compliance concerns, identify possible state advertising filing obligations, and generate a draft disclaimer for legal review.

Advertisement Questionnaire

Complete each section. The tool evaluates the advertisement’s intended use, audience, financial language, and required identifying information.

Important limitation This tool is automated and provides general educational information and preliminary language only. It does not determine whether an advertisement is lawful, does not replace review of the current FDD and Item 19, and is not legal advice. You should submit all preliminary language to your own franchise attorney before using. Disclaimers often need to be tailored to their content and intended use.

1. Franchisor Information

Use the legal offering entity, not only the brand or trade name.

2. Intended Use

Select every channel where the advertisement may appear.

3. Geographic Audience

Digital advertisements can reach states beyond the campaign’s intended audience. Select all states intentionally targeted or reasonably expected to receive the advertisement.

States intentionally targeted
Select states even if the franchise is registered there. Registration and advertisement filing are separate issues.

4. Financial Performance and Earnings Language

A financial performance representation may be express or implied. Select every category that appears in the advertisement or its surrounding visuals.

5. Additional Content Risks

6. Output Preferences

Advertisement Filing Reference

These filing reminders apply to advertisements offering franchises subject to each state’s registration requirements. Exemptions, internet advertising rules, and the definition of “directed to” a state require separate analysis. Example regulating states inlcude:

StateGeneral timingWhere to fileTool treatment
California File a true copy at least 3 business days before first publication, unless exempt. California DFPI through the FRANSES filing system. Internet advertisements may qualify for a separate exemption notice framework. Pre-use filing flag
Minnesota File at least 5 business days before first publication. Minnesota rules state no formal approval is issued. Minnesota Department of Commerce, Franchise Registration Unit, using the Department’s current filing process. Pre-use filing flag
New York Submit at least 7 days before intended use. New York Department of Law through NASAA’s Franchise Electronic Filing Depository, commonly called FRED. Pre-use filing flag
North Dakota File at least 5 business days before first publication, unless exempt or a shorter period is allowed. North Dakota Securities Department through its current franchise filing channel. Pre-use filing flag
Washington File at least 7 days before publication, unless a shorter period is allowed. Washington Department of Financial Institutions, Securities Division, through its current franchise filing process. Pre-use filing flag
Other regulating states Requirements vary. Some regulate content, legends, registration status, internet offers, record retention, or regulator-requested submissions without imposing the same routine pre-use filing rule. Confirm current requirements with the applicable state regulator and franchise counsel before use. Legal review flag

Do not treat filing as approval. Filing, registration, or the absence of a regulator comment does not mean the advertisement or franchise has been approved, endorsed, or found accurate.