Does Bens Soft Pretzels have to consent to the site in writing?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- A. Store Facility; Site Under Control. You are responsible for leasing a site that meets our site selection guidelines. We must consent to the site in writing. You may not use the Store premises for any purpose other than the operation of a BEN'S SOFT PRETZELS Store during the term of this Agreement or any Interim Period. We make no guarantees concerning the success of the Store located on any site to which we consent.
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
your lease review and negotiation, although the terms of the Lease Addendum may not be negotiated without our prior approval. If the landlord requires us to negotiate the Lease Addendum, we reserve the right to charge you a fee, which will not exceed our actual costs associated with the negotiation. You must provide us a copy of the executed lease and Lease Addendum within 5 days of its execution. We have no responsibility for the lease; it is your sole responsibility to evaluate, negotiate and enter into the lease for the Store premises.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels's 2025 Franchise Disclosure Document, Bens Soft Pretzels requires written consent for the store site. The franchisee is responsible for securing a site that aligns with Bens Soft Pretzels's site selection guidelines, but the franchisor's written approval is mandatory. Furthermore, the document states that Bens Soft Pretzels offers no guarantees regarding the success of the store at any approved location.
This requirement means that a prospective Bens Soft Pretzels franchisee cannot proceed with a location without first obtaining explicit written consent from the franchisor. This process allows Bens Soft Pretzels to maintain brand consistency and ensure that each location meets its standards for customer experience and operational efficiency. However, it's important to note that this consent does not equate to a guarantee of success, and the franchisee bears the ultimate responsibility for the store's performance.
Additionally, before opening the store for business, Bens Soft Pretzels must notify the franchisee in writing that all pre-opening obligations have been met and consent to the opening date. This dual consent requirement—both for the site and the opening date—underscores the franchisor's control over the establishment of new locations and ensures compliance with their standards and procedures. The franchisee is also required to have the landlord sign a Lease Addendum, with the terms of the addendum not negotiable without Bens Soft Pretzels's approval. This protects Bens Soft Pretzels's interests in the leased property.