Franchise advertising: how to check claims before publication

Good franchise advertising should attract the right partner, not promise guaranteed success. When turning an established business into a franchise network, it is easy to use your own outlet’s achievements in your pitch without explaining the conditions that made them possible. Before your first campaign, check every claim about earnings, investment requirements and head office support — including those made over the phone.

1. Separate advertising from guarantees of results

Start by gathering all the materials through which prospective franchisees encounter your offer: your website, adverts, presentations, enquiry forms, messages and call scripts. Consistency means that candidates should not hear one set of promises in an advert, another from a recruiter and yet another in the agreement.

Phrases such as ‘guaranteed profit’, ‘risk-free business’, ‘comprehensive support’ or ‘a quick return on your investment’ need particular scrutiny. It is not enough that the business owner has achieved a similar result. Establish exactly what each statement means and whether you can substantiate it in the context of the franchise opportunity you are offering.

Rather than saying ‘head office will take care of everything’, describe the actual support available: advice on location, pre-opening training and specified operational support. If some services cost extra, do not present them as an unconditional part of the package.

A practical rule: every material claim should have supporting evidence, a clearly defined scope and someone responsible for keeping it up to date. If any of these elements is missing, revise the message before publication.

2. Check the legal basis for liability

Under Polish law, a franchise agreement remains an ‘innominate contract’: one that is not regulated as a distinct contract type. Poland has no separate, comprehensive franchise act or specific statutory system for approving franchise advertising. Nor is there a general, franchise-specific requirement to provide a disclosure document within a set period before signing an agreement. Proposals for such rules are not law.

This does not mean that anything goes in your communications. The general provisions of the Polish Civil Code apply, including the principle of freedom of contract under Article 353¹, which is subject to statutory law, the nature of the legal relationship and the principles of social coexistence. Provisions on mistake, deceit and conducting negotiations contrary to good practice may also be relevant. The consequences of a false promise depend on the circumstances; not every inaccuracy automatically invalidates an agreement.

In business-to-business dealings, the Polish Act on Combating Unfair Competition is also relevant. Article 16 covers advertising that misleads a customer and may thereby influence their decision to purchase goods or services. Advertising a franchise arrangement involving payment therefore needs to be assessed from this perspective too.

The Polish Franchise Code sets out good practices, including providing candidates with reliable information. It is a self-regulatory instrument, not legislation binding on all businesses. Do not present compliance with such a code as official approval of your offer or a guarantee that the investment is safe.

3. Create an evidence record for your claims

Create a short internal record for each important claim. This need not be an elaborate system: an organised spreadsheet and documents supporting the wording will suffice.

The record should include:

• the exact wording of the claim and where it is used;
• the data source and the period covered;
• the conditions and limitations needed to understand the message correctly;
• the person approving it and the next review date;
• confirmation that it matches the current agreement and head office’s actual capabilities.

If an advert refers to an outlet’s results, state whether it is company-owned or franchised. Distinguish between revenue, profit and cash flow. Do not describe a figure representing the entire outlet’s sales as the owner’s personal turnover, or present revenue as the franchisee’s earnings.

For example, the phrase ‘a proven model across different locations’ requires evidence of experience in multiple locations. If you have only one company-owned outlet, it would be more appropriate to describe that outlet’s track record. Do not imply a scale of testing that has not taken place.

A disclaimer tucked away in a footer is no substitute for an accurate main message. Put important limitations alongside the relevant claim, in clear language. If a short advert does not allow you to explain a promise fairly, replace it with a specific description of the offer.

4. Set up a process for approving and withdrawing messages

Appoint someone to approve materials before publication. Financial claims should be checked by someone familiar with the figures; promises of support by the person responsible for delivering it; and potentially risky wording by a lawyer. This also applies to content prepared by an external agency or intermediary.

Give recruiters a list of approved answers and questions that require further advice. Do not allow gaps in information to be filled with improvised assurances. If a candidate has received incorrect information, correct it explicitly, preferably in a form that allows them to retain a copy of the correction.

Archive versions of your materials, together with the dates when they were used. When the scope of support or the terms of the offer change, check every channel, not just your homepage. Old presentations and automated messages often remain in use long after the main advertising has been updated.

Practical takeaway: before launching a campaign, review your offer sentence by sentence. Publish only promises you can substantiate, explain and fulfil. It is a simple way to build trust within your franchise network before the first agreement is signed.