Does the Bens Soft Pretzels agreement specify minimum coverage amounts for the required insurance?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
u or your employees, including any that relate to any party making a finding of any joint employer status, you will fully indemnify us for any such loss.
C. Insurance. You must purchase and maintain in full force and effect, at your expense and from a company we accept, insurance that insures both you and us, our affiliates and any other persons we designate by name. The insurance policy or policies must be written in accordance with the standards and specifications (including minimum coverage amounts) set forth in writing by us from time to time, and, at a minimum, must include the following (except as different coverages and policy limits may be specified for all franchisees from time to time in writing): (i) "special" causes of loss coverage forms (sometimes called "All Risk Coverage" or "All Peril Coverage") on the Store, store improvements and all furniture, fixtures, equipment, supplies and other property used in the operation of the Store, for full repair and replacement value, except that an appropriate deductible clause is permitted; (ii) business interruption insurance covering a minimum of 12 months loss of income, including coverage for our Royalty Fees (for example, in the event of a fire or destruction of the premises, the insurance must cover our average royalty payments (based on the previous 12-month timeframe, or if a shorter timeframe, the total operating timeframe for the store) during the rebuilding process); (iii) comprehensive general liability insurance including product liability insurance and contractual liability insurance, with minimum limits of $2,000,000 per occurrence and $2,000,000 to $5,000,000 annual aggregate; (iv) personal and advertising injury insurance with minimum limits of $2,000,000 per occurrence; (v) fire damage coverage in an amount sufficient to cover the replacement costs of the Store equipment, improvements and betterments; (vi) medical expense coverage in the amount of $10,000 to $25,000; (vii) workers' compensation insurance covering all of your employees; (viii) employers liability insurance with contingent liability; ( ix) umbrella liability insurance; ( x) automobile liability insurance; (xi) "Per Location" aggregate limits when multiple store locations are insured under one comprehensive general liability and umbrella liability policy(cies); (xii) Ben's Soft Pretzels Franchising Corporation and its affiliates are named as additional insureds on all liability policies required by this subparagraph; (xiii) severability of interests and/or separation of insureds provisions must be included in the liability policies and an endorsement is required providing that the franchisee's insurance is primary with respect to any insurance policy carried by Ben's Soft Pretzels Franchising Corporation and its affiliates and any insurance maintained by Ben's Soft Pretzels Franchising Corporation or its affiliates is excess and non-contributing; (xiv)
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, franchisees are required to maintain specific insurance coverages with minimum coverage amounts. Bens Soft Pretzels requires franchisees to purchase and maintain insurance that covers both the franchisee and Bens Soft Pretzels, its affiliates, and any other persons designated by name. The insurance policies must adhere to the standards and specifications, including minimum coverage amounts, set forth in writing by Bens Soft Pretzels. These requirements may be modified in writing from time to time.
The minimum insurance requirements include "special" causes of loss coverage on the store, store improvements, and all furniture, fixtures, equipment, and supplies. Franchisees must also maintain business interruption insurance covering a minimum of 12 months of lost income, including coverage for royalty fees. Comprehensive general liability insurance, including product and contractual liability insurance, is required with minimum limits of $2,000,000 per occurrence and $2,000,000 to $5,000,000 annual aggregate. Personal and advertising injury insurance must have minimum limits of $2,000,000 per occurrence.
Additional insurance requirements include fire damage coverage sufficient to cover the replacement costs of store equipment and improvements, medical expense coverage in the amount of $10,000 to $25,000, workers' compensation insurance, employers liability insurance, umbrella liability insurance, and automobile liability insurance. The franchisee must also secure "Per Location" aggregate limits when multiple store locations are insured under one comprehensive general liability and umbrella liability policy(cies). Bens Soft Pretzels and its affiliates must be named as additional insureds on all liability policies, and the policies must include severability of interests and a waiver of subrogation endorsement. These insurance coverages, with some exceptions, must commence as of the date the Franchise Agreement is signed, with the remainder commencing as of the date construction begins at the store.
Bens Soft Pretzels retains the right to modify the required minimum limits and require additional insurance coverages by providing written notice to the franchisee. If a franchisee fails to maintain the required insurance coverage, Bens Soft Pretzels has the right, but not the obligation, to procure insurance coverage and charge the costs to the franchisee, along with a reasonable fee for the expenses incurred. These amounts are payable immediately upon written notice.