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What Is A "Marketing Plan" Under New York's Franchise Law?

Under New York's Franchise regulations a "marketing plan" is defined as "advice or training, 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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Charles Internicola

by Charles Internicola
National Business and Franchise Lawyer

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