Will Bens Soft Pretzels unreasonably withhold approval of sales promotion materials?
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.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels FDD, Bens Soft Pretzels will not unreasonably withhold approval of any sales promotion materials or media and activities. However, this is provided that the materials are current, in good condition, in good taste, and accurately depict the Trademarks. This means that as a franchisee, you must submit all advertising and promotional materials to Bens Soft Pretzels for approval before use.
If Bens Soft Pretzels does not respond within 14 days after you submit the proposed advertising materials, the advertising materials will be considered not approved. This clause provides a clear timeline for approval and prevents indefinite delays. It also implies that if the franchisee does not receive a response within the stipulated time, they cannot proceed with the promotion.
This requirement ensures that all marketing efforts align with the brand's standards and protect its trademarks. While franchisees must adhere to these guidelines, the franchisor's commitment not to unreasonably withhold approval offers some assurance of flexibility and fairness in the process. Franchisees should ensure their promotional materials meet the specified criteria to facilitate a smooth approval process.