Who bears the cost if Bens Soft Pretzels removes the signage after a franchisee refuses?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
n subparagraph 5.C, we may, in addition to our other rights in this Agreement, effect such improvement or maintenance and you must reimburse us for the costs we incur.
F. Signage. All signage at your Store must comply with our then current specifications, which we may modify and change from time to time due to modifications to the System, including changes to the Trademarks. You must make such changes to the outdoor signage as we require and at your cost.
PRODUCTS AND OPERATIONS STANDARDS AND REQUIREMENTS
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 responsible for the costs associated with signage changes. Specifically, all signage at the store must comply with the franchisor's current specifications, which may change over time due to modifications to the Bens Soft Pretzels system or trademarks.
The FDD states that franchisees must make changes to the outdoor signage as required by Bens Soft Pretzels, and these changes are to be made at the franchisee's expense. This requirement ensures that all Bens Soft Pretzels stores maintain a consistent brand image and adhere to the latest standards set by the franchisor.
If a franchisee fails to comply with the signage requirements, Bens Soft Pretzels has the right to effect the changes themselves and then seek reimbursement from the franchisee for all costs incurred. This provision ensures that Bens Soft Pretzels can maintain brand standards even if a franchisee is unwilling or unable to do so, protecting the overall reputation and uniformity of the franchise system. Therefore, the franchisee ultimately bears the cost of signage changes, whether they make the changes themselves or reimburse Bens Soft Pretzels for doing so.