Does the Bens Soft Pretzels agreement require specific performance as a remedy for breach?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
It is the intent and expectation of each of the parties that each provision of this Agreement will be honored, carried out and enforced as written. Consequently, each of the parties agrees that any provision of this 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.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the franchise agreement allows Bens Soft Pretzels to seek specific performance or any other equitable remedy in the event of a breach. This means that Bens Soft Pretzels can ask a court to order the franchisee to fulfill their obligations under the franchise agreement, rather than just seeking monetary damages.
This provision is outlined in the general provisions section of the franchise agreement, which states that each party intends for every provision of the agreement to be honored, carried out, and enforced as written. Consequently, either party can elect to seek specific performance, even if there is an adequate remedy available at law, such as monetary damages.
For a prospective Bens Soft Pretzels franchisee, this means that if they fail to meet their obligations under the franchise agreement, they could be compelled by a court to take specific actions to rectify the breach. This could include things like adhering to operational standards, making required improvements to the store, or fulfilling other contractual obligations. This clause emphasizes the importance of franchisees fully understanding and complying with all aspects of the franchise agreement.