What is the dependency between site selection and construction for a Bens Soft Pretzels franchise?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Without limiting the generality of the prior paragraph, you must promptly after obtaining possession of the site for the Store: (i) contact and retain an architect that meets our approval and have prepared and submitted for our approval a site survey and basic architectural plans and specifications consistent with our general atmosphere, image, color scheme and décor requirements as set forth from time to time in the Manuals for a BEN'S SOFT PRETZELS store (including requirements for dimensions, exterior design, materials, interior design and layout, equipment, fixtures, furniture and signage); (ii) purchase or lease and then, in the construction of the Store, use only the approved building materials, equipment, fixtures, audio visual equipment, furniture and signage; (iii) complete the construction and/or remodeling, equipment, fixtures, furniture and sign installation and decorating of the Store in full and strict compliance with plans and specifications we approve and all applicable ordinances, building codes and permit requirements without any unauthorized alterations; (iv) obtain all customary contractors' sworn statements and partial and final waivers, obtain all necessary permits, licenses and architectural seals and comply with applicable legal requirements relating to the building, signs, equipment and premises, including, but not limited to, the Americans With Disabilities Act; and (v) obtain and maintain all required zoning changes, building, utility, health, sanitation, and sign permits and licenses and any other required permits and licenses. It is your responsibility to comply with the foregoing conditions.
Any change to the plans or any replacement, reconstruction, addition or modification in the space, interior or exterior decor or image, equipment or signage of the Store to be made after our consent is granted for initial plans, whether at the request of you or of us, must be made in accordance with specifications that have received our prior written consent. You may not commence such replacement, reconstruction, addition or modification until you have received our written consent to your revised plans.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, site selection is a prerequisite for construction. The franchisee is responsible for leasing a site that meets Bens Soft Pretzels' site selection guidelines, and Bens Soft Pretzels must provide written consent to the site. The franchisee cannot open their store until Bens Soft Pretzels confirms in writing that all pre-opening obligations are met and consents to the opening date. This indicates that securing an approved site is a necessary first step before moving forward with construction and opening the store.
Once a site is secured, the franchisee must promptly retain an architect approved by Bens Soft Pretzels to prepare and submit a site survey and architectural plans. These plans must align with Bens Soft Pretzels' standards for atmosphere, image, color scheme, and décor, as detailed in the manuals. The franchisee is obligated to use only approved building materials, equipment, fixtures, and signage during construction.
Construction must strictly adhere to the approved plans and specifications, as well as all applicable ordinances, building codes, and permit requirements. Unauthorized alterations are not permitted. The franchisee is responsible for obtaining all necessary permits, licenses, and waivers, ensuring compliance with legal requirements, including the Americans With Disabilities Act. Furthermore, the franchisee must obtain and maintain all required zoning changes, building, utility, health, sanitation, and sign permits and licenses.
Any changes to the plans after initial approval, whether requested by the franchisee or Bens Soft Pretzels, require prior written consent from Bens Soft Pretzels. Construction or modifications cannot commence until the revised plans receive written approval. This process ensures that all Bens Soft Pretzels locations maintain a consistent brand image and meet required standards, with the franchisee bearing the responsibility for compliance and associated costs.