What is required of the governing bylaws of each Bens Soft Pretzels advertising cooperative?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
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 amount of contribution is determined by the cooperative itself. Each Bens Soft Pretzels store, including those operated by the company or its affiliates (excluding Special Sites), is a member of the local advertising cooperative and has one vote on all matters requiring a vote.
Each advertising cooperative is required to adopt governing bylaws that meet Bens Soft Pretzels' approval. Additionally, each cooperative must prepare annual financial statements, which must be available to all members and to Bens Soft Pretzels upon request. The cooperative must also submit meeting minutes to Bens Soft Pretzels upon request.
Bens Soft Pretzels retains the right to require the formation, change, dissolution, or merger of advertising cooperatives. This gives Bens Soft Pretzels significant control over the advertising and marketing efforts at the local level, ensuring that these efforts align with the overall brand strategy and standards.