Marketing SMS Liability Acknowledgement Form

Due to specific federal and state laws and regulations governing marketing-related messaging (including the federal Telephone Consumer Protection Act), it is imperative that you and your team thoroughly review the Marketing SMS Reference Guide in its entirety, and strictly adhere to the processes outlined therein. As detailed more fully below, non-compliance may lead to financial penalties and other legal liability against your franchise business.

Federal laws and regulations and specific state and local laws and regulations govern the sending of SMS marketing messages to consumers. Before you or your team send any such messages, we strongly recommend that you consult with your local attorneys and advisors to ensure that you are fully compliant with all such applicable laws and regulations in your jurisdiction. Violations of these laws may result in your franchise business being fined for each unauthorized text message that is sent (e.g., in certain jurisdictions such fine could be between, at least, $500-$1500 per unauthorized message sent).

As you know, your Franchise Agreement and/or Area Development Agreement provides that you, as franchisee, are required to indemnify the franchisor for any losses or expenses incurred as a result of you or your employees failing to operate your franchise business in full compliance with all applicable laws and regulations. Nothing in this communication limits or alters that obligation or the consequences should you breach such obligation, which may include reimbursement to the franchisor for all its costs and expenses, and the potential termination of your Franchise Agreement and/or Area Development Agreement, subject to the terms thereof.

Please sign below to acknowledge that you have read and understand the foregoing regarding the sending of marketing SMS messages, and that you will comply and will cause your team to comply with the Marketing SMS Reference Guide provided to you, including by managing guest opt-outs as outlined therein.
Franchisee Name(Required)
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