Does the Bens Soft Pretzels agreement allow for specific performance as a remedy?

According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the franchise agreement allows for specific performance as a remedy. The agreement states that each party agrees that any provision of the Agreement sought to be enforced in any proceeding must, at the election of the party seeking enforcement and notwithstanding the availability of an adequate remedy at law, be enforced by specific performance or any other equitable remedy. This means that either Bens Soft Pretzels or the franchisee can ask a court to order the other party to fulfill their obligations under the franchise agreement, rather than just seeking monetary damages.

Specific performance is an equitable remedy that compels a party to perform a specific act, usually what is required by a contract. This is particularly relevant in franchising where the relationship and brand standards are critical. For a Bens Soft Pretzels franchisee, this could mean that if Bens Soft Pretzels fails to provide the agreed-upon training or support, the franchisee could seek a court order compelling Bens Soft Pretzels to provide such services. Conversely, if a franchisee violates the agreement, such as by failing to adhere to brand standards, Bens Soft Pretzels could seek a court order compelling the franchisee to comply.

The inclusion of specific performance as a remedy can be beneficial for both parties. It ensures that the terms of the franchise agreement are upheld and that neither party can easily avoid their contractual obligations. However, it's important to note that specific performance is not always granted, and courts will consider various factors, such as the feasibility of enforcement and whether monetary damages would be an adequate remedy. Prospective franchisees should carefully consider the implications of this provision and consult with legal counsel to understand their rights and obligations under the franchise agreement.