What requirements are there for the governing bylaws of a Bens Soft Pretzels advertising cooperative?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
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, if a local advertising market is designated, franchisees must participate in cooperative advertising and marketing programs. Franchisees are required to contribute to the advertising cooperative the amount designated by the cooperative. Each Bens Soft Pretzels store, except Special Sites, within the designated area, including those operated by Bens Soft Pretzels or its affiliates, is a member and has one vote on matters requiring a vote.
The governing bylaws of each advertising cooperative must meet the approval of Bens Soft Pretzels. Franchisees must obtain written approval from Bens Soft Pretzels for all promotional and advertising materials, creative execution, and media schedules before implementation.
Each advertising cooperative is required to prepare annual financial statements, which must be available to all members and to Bens Soft Pretzels upon request. Additionally, the cooperative must submit meeting minutes to Bens Soft Pretzels upon request. Bens Soft Pretzels retains the right to form, change, dissolve, or merge advertising cooperatives.