What is the required action for a Bens Soft Pretzels franchisee regarding promotional and advertising materials for advertising cooperatives?
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 FDD, if a local advertising market is designated, franchisees must participate in and contribute to the cooperative advertising and marketing programs within that market. The franchisee is required to contribute the amount designated by the cooperative. Before implementing any promotional and advertising materials, creative execution, and media schedules, the franchisee must obtain written approval from Bens Soft Pretzels.
Each Bens Soft Pretzels store, including those operated by the franchisor or its affiliates (excluding Special Sites), is a member of the local advertising cooperative and has one vote on all matters requiring a vote. The advertising cooperative is required to adopt governing bylaws that meet the franchisor's approval and prepare annual financial statements, which must be available to all members and to Bens Soft Pretzels upon request.
The advertising cooperative must also submit meeting minutes to Bens Soft Pretzels upon request. Bens Soft Pretzels retains the right to require advertising cooperatives to be formed, changed, dissolved, or merged. This ensures that all advertising efforts are aligned with the brand's standards and that the franchisor maintains control over the marketing strategies employed by its franchisees.