Must a Bens Soft Pretzels franchisee abide by all of the franchisor's advertising requirements?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
You must submit all advertising and promotional materials to us prior to your use.
If we do not respond within 14 days after you submit the proposed advertising materials to us, the advertising materials will be deemed not approved.
We will not unreasonably withhold approval of any sales promotion materials or media and activities; provided that they are current, in good condition, in good taste and accurately depict the Trademarks.
- D.
Advertising Cooperatives.
We have the right to designate local advertising markets and if designated, you must participate in and contribute to the cooperative advertising and marketing programs in your designated local advertising market.
If established, you must contribute to the advertising cooperative the amount designated by the cooperative.
Each BEN'S SOFT PRETZELS store, including those operated by us or our affiliates within a designated local advertising area (except Special Sites) is a member of the local advertising cooperative and each store has one vote on all matters requiring a vote.
Each advertising cooperative will be required to adopt governing bylaws that meet our approval.
You must obtain our written approval of all promotional and advertising materials, creative execution and media schedules prior to their implementation.
Each advertising cooperative will be required to prepare annual financial statements, which must be made available to all members of the cooperative and to us upon request.
Also, each advertising cooperative must submit to us its meeting minutes upon our request. We have the right to require advertising cooperatives to be formed, changed, dissolved or merged.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, franchisees must adhere to specific advertising requirements set by the company. Before using any advertising or promotional materials, a franchisee is required to submit them to Bens Soft Pretzels for approval. If the franchisee does not receive a response within 14 days of submitting the materials, they are considered unapproved.
Bens Soft Pretzels retains the right to designate local advertising markets, and if such markets are established, franchisees are obligated to participate in and contribute to the cooperative advertising and marketing programs within their designated area. The amount each franchisee must contribute to the advertising cooperative will be determined by the cooperative itself. Each Bens Soft Pretzels store, with the exception of Special Sites, within a local advertising area is a member of the cooperative and has one vote on matters requiring a vote.
Franchisees must secure written approval from Bens Soft Pretzels for all promotional and advertising materials, including creative execution and media schedules, before implementing them. Advertising cooperatives are required to adopt governing bylaws that meet the approval of Bens Soft Pretzels and must also prepare annual financial statements, which are accessible to all cooperative members and to Bens Soft Pretzels upon request. Additionally, these cooperatives must submit meeting minutes to Bens Soft Pretzels when requested, and Bens Soft Pretzels reserves the right to form, change, dissolve, or merge advertising cooperatives as it sees fit.