What is the definition of 'Special Sites' in the context of Bens Soft Pretzels advertising cooperatives?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
e.g. manufacturing site, office building), military installations, military commissaries or the Internet (or any other existing or future form of electronic commerce).
You acknowledge and agree that certain locations are by their nature unique and separate in character from sites generally developed as BEN'S SOFT PRETZELS stores. As a result, you agree that we have the right to develop or franchise Special Site locations ("Special Sites") which include, but are not limited to the following locations regardless of their location and their proximity to your Store: (1) military bases; (2) public transportation facilities (including airports); (3) sports facilities (including hockey arenas); (4) student unions or other similar buildings on college or university campuses; (5) amusement and theme parks; (6) malls or enclosed shopping centers; and (7) community and special events.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels' 2025 Franchise Disclosure Document, Special Site locations are defined as unique locations that are separate in character from sites generally developed as Bens Soft Pretzels stores. These locations include, but are not limited to: military bases, public transportation facilities (including airports), sports facilities (including hockey arenas), student unions or other similar buildings on college or university campuses, amusement and theme parks, malls or enclosed shopping centers, and community and special events.
These Special Site locations are significant because Bens Soft Pretzels retains the right to develop or franchise these locations, regardless of their proximity to a franchisee's store. This means that even if a franchisee has an established territory, Bens Soft Pretzels can still open a Special Site location nearby without providing any compensation to the franchisee.
Furthermore, each Bens Soft Pretzels store, except for Special Sites, within a designated local advertising area is a member of the local advertising cooperative and has one vote on matters requiring a vote. This implies that Special Sites are excluded from participating in local advertising cooperatives, which could affect the advertising strategies and resources available to franchisees in areas with Special Sites. A prospective franchisee should consider the potential impact of Special Sites on their store's performance and advertising efforts.