factual

How does the Regional Advertising Cooperative Agreement ensure fair representation for all Stretch Zone franchisees within a DMA?

Stretch_Zone Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (b) Voting Rights. The Member is entitled to 1 vote within the DMA Cooperative on each matter that is required to be submitted to a vote of the Members as described in Article 3, Section 3 of the attached Bylaws of the DMA Cooperative.

ARTICLE 3 Membership and Contributions

  • Section 2. Voting Rights. Each Member is entitled to 1 vote per Franchise Business owned on each matter submitted to a vote of the Members.
  • Section 3. Matters on Which Members Are Entitled to Vote. Each Member is entitled to vote on all matters affecting: (a) the allocation of funds for advertising in the DMA; (2) the nature and type of advertising to be placed by the DMA Cooperative; (3) all matters affecting the use of funds and the placement of advertising; (4) determination of increases in Members' contributions; (5) amendment of these Bylaws; (6) the dissolution of the DMA Cooperative; and (7) the election of the Officers. The Officers will decide all other matters with respect to the operation of the DMA Cooperative and the contracting for the production and placement of advertising.

Source: Item 3 — Franchisee/Debtor's Warranties. (FDD pages 263–364)

What This Means (2025 FDD)

According to Stretch Zone's 2025 Franchise Disclosure Document, the Regional Advertising Cooperative Agreement ensures fair representation within a Designated Market Area (DMA) through voting rights. Each Stretch Zone franchisee, defined as a 'Member' in the agreement, is entitled to one vote per franchise business they own on matters affecting the DMA. This structure allows each franchisee to have a direct say in decisions concerning the allocation of advertising funds, the nature and type of advertising placed, and any changes to the cooperative's bylaws. This democratic approach ensures that no single franchisee or group can unilaterally control the advertising strategy or the use of funds within the DMA.

The matters on which members can vote include the allocation of funds for advertising, the type of advertising, the use of funds and placement of advertising, increases in member contributions, amendments to the bylaws, dissolution of the cooperative, and the election of officers. All other operational decisions are made by the elected officers. This balance of power between the members and the officers ensures both fair representation and efficient management of the cooperative.

This setup is typical in franchise systems that utilize regional advertising cooperatives, as it aims to balance the need for centralized marketing efforts with the individual interests of franchisees. By giving each franchisee a vote, Stretch Zone ensures that advertising strategies are aligned with the collective interests of the franchisees within the DMA, promoting a sense of ownership and collaboration. Prospective franchisees should consider the implications of this structure, understanding that their participation and vote can directly influence the effectiveness and direction of regional advertising campaigns.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.