Who must approve the governing bylaws of a Bens Soft Pretzels advertising cooperative?

According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, any advertising cooperative established by Bens Soft Pretzels franchisees must have its governing bylaws approved by Bens Soft Pretzels. This means that while franchisees may form advertising cooperatives to promote their businesses, the franchisor retains control over the cooperative's operational guidelines through bylaw approval.

This requirement ensures that all advertising and marketing efforts align with the brand's overall strategy and standards. Bens Soft Pretzels also has the right to require advertising cooperatives to be formed, changed, dissolved, or merged, giving them significant control over local advertising efforts. Additionally, each Bens Soft Pretzels store, except for Special Sites, gets one vote on matters requiring a vote within the cooperative, ensuring each store has a voice.

For a prospective franchisee, this means that participation in advertising cooperatives is not entirely autonomous. While franchisees can participate and contribute to these cooperatives, they must adhere to bylaws approved by Bens Soft Pretzels. This also extends to promotional and advertising materials, which require written approval from Bens Soft Pretzels before implementation. Franchisees should factor in these requirements when planning their local marketing strategies and budgets, as compliance with franchisor's guidelines is mandatory.