What is the 'Commencement Date' for a Bens Soft Pretzels Mobile Store, and how is it determined?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
| SECTION | PAGE | |
|---|---|---|
| DEFINITIONS 3 GRANT OF LICENSE 4 TRADEMARK STANDARDS AND REQUIREMENTS 6 TERM AND RENEWAL 7 FACILITY STANDARDS AND MAINTENANCE 8 PRODUCTS AND OPERATIONS STANDARDS AND REQUIREMENTS 11 PERSONNEL AND SUPERVISION STANDARDS 16 ADVERTISING 18 FEES, REPORTING AND AUDIT RIGHTS 19 YOUR OTHER OBLIGATIONS; NONCOMPETE COVENANTS 21 TRANSFER OF FRANCHISE 23 DISPUTE RESOLUTION 27 DEFAULT AND TERMINATION 28 POST-TERM OBLIGATIONS 30 GENERAL PROVISIONS 32 | ||
| SCHEDULES | ||
| A. | Data Sheet/ Mobile Store Addendum/ Captive Market Addendum (Special Sites) | |
| B. | Trademarks | |
| C. | Addendum to Lease | |
| D. | D.1 Sublease D.2 Sublicense | |
| E. | 3-Pack Addendum | |
| F. | ACH Authorization Forms | |
| G. | POS Agreements | |
| H. | Personal Guarantee Acknowledgement Addendum |
BEN'S SOFT PRETZELS® FRANCHISE AGREEMENT
This Franchise Agreement is made on the Effective Date designated on the Data Sheet attached as Schedule A by and between Ben's Soft Pretzels Franchising Corporation, an Indiana corporation with its principal business located at 1119 S. Indiana Avenue, Goshen, Indiana 46526 ("we" or "us"), and "Franchisee" or "you" as identified on the Data Sheet attached as Schedule A (the "Data Sheet"). If the franchisee is a corporation, partnership, limited liability company or other legal entity, certain provisions to this Agreement also apply to its owners.
RECITALS
- A.
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 is made on the Effective Date designated on the Data Sheet attached as Schedule A. This Data Sheet identifies the franchisee and franchisor. The document also states that insurance coverages must commence as of the date you sign the agreement.
For a prospective Bens Soft Pretzels franchisee, this means that the official start of the franchise agreement, and thus certain obligations like insurance coverage, begin on the date specified in the Data Sheet. This date is a critical reference point for timelines and responsibilities outlined in the agreement.
It is important to note that the FDD excerpt does not explicitly define the term 'Commencement Date' itself, but it does specify the 'Effective Date' and the start date for insurance coverage, which are closely related to the commencement of the franchise agreement. A franchisee should confirm with Bens Soft Pretzels whether the 'Effective Date' and 'Commencement Date' are considered the same for all practical purposes.