What is the voting structure within a Bens Soft Pretzels local advertising cooperative?

According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, each Bens Soft Pretzels store, with the exception of Special Sites, within a designated local advertising area is granted membership in the local advertising cooperative. Each member store, whether operated by Bens Soft Pretzels, its affiliates, or a franchisee, has one vote on all matters that require a vote.

This structure ensures that each store has an equal say in the cooperative's decisions, regardless of whether it is franchised or company-owned. However, Special Sites do not participate in the local advertising cooperative. The FDD defines Special Sites as locations such as military bases, public transportation facilities, sports facilities, and college campuses.

Bens Soft Pretzels retains significant control over these advertising cooperatives. The company has the right to designate local advertising markets, mandating participation and contributions. Furthermore, each cooperative must adopt governing bylaws that meet Bens Soft Pretzels' approval. The company also requires written approval of all promotional and advertising materials, creative execution, and media schedules before implementation. Bens Soft Pretzels also has the right to require advertising cooperatives to be formed, changed, dissolved or merged.

Franchisees should be aware that while they have a vote in the local advertising cooperative, Bens Soft Pretzels maintains considerable oversight and control over the cooperative's operations and advertising strategies. Franchisees should inquire about the specific bylaws and operational guidelines of the advertising cooperative in their designated market to fully understand their rights and obligations.