Must the architect retained by a Bens Soft Pretzels franchisee meet the franchisor's approval?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
Without limiting the generality of the prior paragraph, you must promptly after obtaining possession of the site for the Store: (i) contact and retain an architect that meets our approval and have prepared and submitted for our approval a site survey and basic architectural plans and specifications consistent with our general atmosphere, image, color scheme and décor requirements as set forth from time to time in the Manuals for a BEN'S SOFT PRETZELS store (including requirements for dimensions, exterior design, materials, interior design and layout, equipment, fixtures, furniture and signage); (ii) purchase or lease and then, in the construction of the Store, use only the approved building materials, equipment, fixtures, audio visual equipment, furniture and signage; (iii) complete the construction and/or remodeling, equipment, fixtures, furniture and sign installation and decorating of the Store in full and strict compliance with plans and specifications we approve and all applicable ordinances, building codes and permit requirements without any unauthorized alterations; (iv) obtain all customary contractors' sworn statements and partial and final waivers, obtain all necessary permits, licenses and architectural seals and comply with applicable legal requirements relating to the building, signs, equipment and premises, including, but not limited to, the Americans With Disabilities Act; and (v) obtain and maintain all required zoning changes, building, utility, health, sanitation, and sign permits and licenses and any other required permits and licenses. It is your responsibility to comply with the foregoing conditions.
Any change to the plans or any replacement, reconstruction, addition or modification in the space, interior or exterior decor or image, equipment or signage of the Store to be made after our consent is granted for initial plans, whether at the request of you or of us, must be made in accordance with specifications that have received our prior written consent. You may not commence such replacement, reconstruction, addition or modification until you have received our written consent to your revised plans.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, a franchisee must retain an architect that meets the franchisor's approval. Specifically, after obtaining possession of the site for the store, the franchisee must contact and retain an architect approved by Bens Soft Pretzels.
This architect is responsible for preparing and submitting a site survey and basic architectural plans and specifications for Bens Soft Pretzels' approval. These plans must align with the franchisor's requirements for the store's atmosphere, image, color scheme, and décor, as detailed in the manuals. This includes specifications for dimensions, exterior design, materials, interior design and layout, equipment, fixtures, furniture, and signage.
Furthermore, any changes to the plans or any modifications to the store's space, interior or exterior decor, equipment, or signage after the initial plans are approved require Bens Soft Pretzels' prior written consent. The franchisee cannot commence any replacement, reconstruction, addition, or modification until they have received written consent to the revised plans from Bens Soft Pretzels. This ensures that all aspects of the store maintain the brand's standards and image.