What is Bens Soft Pretzels entitled to in the event of a breach or threatened breach of the agreement by the franchisee?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
ble law, then and in that event no suit or action may be commenced or maintained unless commenced within the applicable statute of limitations.
GENERAL PROVISIONS
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- The parties agree to the following provisions:
- A. Severability. Should one or more clauses of this Agreement be held void or unenforceable for any reason by any court of competent jurisdiction, such clause or clauses will be deemed to be separable in such jurisdiction and the remainder of this Agreement is valid and in full force and effect and the terms of this Agreement must be equitably adjusted so as to compensate the appropriate party for any consideration lost because of the elimination of such clause or clauses. It is the intent and expectation of each of the parties that each provision of this Agreement will be honored, carried out and enforced as written. Consequently, each of the parties agrees that any provision of this Agreement sought to be enforced in any proceeding must, at the election of the party seeking enforcement and notwithstanding the availability of an adequate remedy at law, be enforced by specific performance or any other equitable remedy.
- B. Waiver/Integration. No waiver by us of any breach by you, nor any delay or failure by us to enforce any provision of this Agreement, may be deemed to be a waiver of any other or subsequent breach or be deemed an estoppel to enforce our rights with respect to that or any other or subsequent breach. Subject to our rights to modify the Schedules and/or standards and as otherwise provided herein, this Agreement may not be waived, altered or rescinded, in whole or in part, except by a writing signed by you and us.
This Agreement together with all schedules, addenda and appendices to this Agreement constitute the entire agreement between the parties and supersede any and all prior negotiations, understandings, representations and agreements. Nothing in this or in any related agreement, however, is intended to disclaim the representations we made in the Franchise Disclosure Document we furnished to you.
- C. Notices.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, in the event of a breach or threatened breach of the franchise agreement by the franchisee, Bens Soft Pretzels has several rights and remedies. Specifically, Bens Soft Pretzels can seek enforcement of the agreement through specific performance or other equitable remedies. This means that Bens Soft Pretzels can ask a court to order the franchisee to fulfill their obligations under the franchise agreement, rather than just seeking monetary damages.
Additionally, the franchise agreement stipulates that the franchisee shall pay all costs and expenses incurred by Bens Soft Pretzels in enforcing the agreement. However, this provision does not apply to North Dakota franchisees; instead, in North Dakota, the prevailing party (whether Bens Soft Pretzels or the franchisee) is entitled to recover all costs and expenses, including attorneys' fees.
Furthermore, the FDD states that no waiver by Bens Soft Pretzels of any breach by the franchisee, nor any delay or failure by Bens Soft Pretzels to enforce any provision of the agreement, may be deemed a waiver of any other or subsequent breach. This means that Bens Soft Pretzels's leniency on one occasion does not prevent them from enforcing the agreement strictly in the future. This ensures that Bens Soft Pretzels retains its rights to enforce the franchise agreement fully, even if it has previously overlooked a franchisee's violation.