What form of agreement must the assignee sign when transferring a Bens Soft Pretzels franchise?

According to Bens Soft Pretzels' 2025 Franchise Disclosure Document, if a franchisee wishes to transfer their franchise to a new owner (assignee), the assignee must meet several requirements to be approved by Bens Soft Pretzels. One of these requirements is that the assignee must sign the then-current form of the Bens Soft Pretzels franchise agreement. However, this agreement will be modified to reflect the term remaining under the original franchise agreement.

This condition ensures that the new franchisee is bound by the same obligations and standards as any new franchisee entering the Bens Soft Pretzels system. It also allows Bens Soft Pretzels to update the franchise agreement to reflect current operating standards and legal requirements. The modification to reflect the remaining term of the original agreement protects the investment and expectations of both the original franchisee and Bens Soft Pretzels.

In practice, this means a prospective buyer needs to be prepared to undergo the same scrutiny and meet the same qualifications as a brand new franchisee. They will need to agree to the terms of the current franchise agreement, which may differ from the agreement the original franchisee signed. This could include changes in fees, operating procedures, or brand standards. The assignee should carefully review the franchise agreement and understand their obligations before proceeding with the transfer.