What is a "Marketing Plan" under New York's Franchise Law?
A: Under New York's Franchsie regulations a "marketing plan" is defined as "advice or trainging, provided to the franchisee by the franchisor or a person recommended by the franchisor pertaining to the sale of any product, equipment supplies or services and the advice or training includes, but is not limited to, preparing or providing:
(1) Promotional literature, brochures, pamphlets or advertising materials;
(2) Training regarding the promotion, operation or management of the franchise; or
(3) Operational, managerial, technical or financial guidelines or assistance.
The implementation of a "marketing plan" is one of the many factors that must be considered when evaluating a business opportunity and determining whether or not the business opportunity qualifies as a franchise.
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