What conditions must a Bens Soft Pretzels franchisee satisfy before the Commencement Date is authorized?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
You may not open your Store for business until we have notified you in writing that you have satisfied your pre-opening obligations as set forth in subparagraphs 5.A and 5.B and we have consented to your opening date. We are not responsible or liable for any of your pre-opening obligations, losses or expenses you might incur for your failure to comply with these obligations or your failure to open by a particular date. We also are entitled to injunctive relief or specific performance under subparagraph 12.C for your failure to comply with your obligations.
If your Store is located in a leased space other than space where we may have arrangement with retailers as noted below, you and your landlord must sign the Lease Addendum attached as Schedule C. We recommend you submit the Lease Addendum to the landlord at the beginning of
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Agreement, a franchisee cannot open their store for business until Bens Soft Pretzels has provided written notification that the franchisee has met all pre-opening obligations outlined in subparagraphs 5.A and 5.B of the agreement. Additionally, Bens Soft Pretzels must consent to the franchisee's opening date in writing.
This stipulation means that a Bens Soft Pretzels franchisee must diligently fulfill all pre-opening requirements, which likely include site selection, store build-out, training, and securing necessary permits and licenses. The franchisee must ensure that all these obligations are met to the satisfaction of Bens Soft Pretzels before the store can commence operations. Failure to comply with these pre-opening obligations or to open by a specific date could result in losses or expenses for which Bens Soft Pretzels will not be liable.
Furthermore, the agreement states that Bens Soft Pretzels is entitled to injunctive relief or specific performance under subparagraph 12.C for a franchisee's failure to comply with their obligations. This highlights the importance of adhering to the pre-opening requirements and timelines set forth by Bens Soft Pretzels. The franchisee also has to ensure that if the store is located in a leased space, the franchisee and the landlord must sign the Lease Addendum attached as Schedule C.