What constitutes the 'Store' as defined in the Bens Soft Pretzels franchise agreement?

According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the 'Store' is defined as the Bens Soft Pretzels store that the franchisee develops and operates under the Franchise Agreement. The franchisor grants the franchisee the right to establish and operate a retail store identified by the Bens Soft Pretzels trademarks at a specific location, known as the Authorized Location, which must be designated within 90 days of the agreement date. Once the location is approved by Bens Soft Pretzels, it becomes an integral part of the agreement.

The license granted to the franchisee is limited to operating one store at the Authorized Location. This license does not extend to selling products outside the store, except for authorized catering and delivery services, or through other distribution channels like the internet. Additionally, franchisees cannot sell products for resale or distribution, nor can they restrict Bens Soft Pretzels from developing future stores, including mobile stores, regardless of their proximity to the franchisee's location.

It is important to note that Bens Soft Pretzels retains the right to establish franchised or company-owned stores at any location, irrespective of their proximity to the franchisee's designated area. They can also engage in mergers or acquisitions with other businesses, even those competing with Bens Soft Pretzels, and these businesses may operate under the Bens Soft Pretzels trademarks. Furthermore, Bens Soft Pretzels can sell and distribute menu items through various methods, including grocery stores and online platforms, without compensating the franchisee. Franchisees are only authorized to operate a Mobile Store if they are specifically granted that right through a signed Mobile Store Addendum.