What costs can Bens Soft Pretzels recover when obtaining injunctive relief?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 11. The Franchise Agreement stipulates that the franchisee shall pay all costs and expenses incurred by Ben's Soft Pretzels Franchising Corporation in enforcing the agreement. For North Dakota franchisees, the prevailing party is entitled to recover all costs and expenses, including attorneys' fees.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 FDD, Bens Soft Pretzels franchisees are generally responsible for covering all costs and expenses incurred by Ben's Soft Pretzels Franchising Corporation in enforcing the franchise agreement. However, this stipulation does not apply to franchisees in North Dakota.
For franchisees in North Dakota, the prevailing party in a dispute is entitled to recover all costs and expenses, including attorney's fees. This means that if a Bens Soft Pretzels franchisee in North Dakota prevails against the franchisor, they can recover their legal costs. Conversely, if Bens Soft Pretzels prevails against a franchisee in North Dakota, the franchisor can recover its legal costs.
Prospective franchisees should be aware of these differences in cost recovery based on their location. It is important to consult with a legal professional to understand the implications of these clauses and how they may affect their rights and obligations under the Franchise Agreement, particularly in the event of a dispute requiring injunctive relief.