Does the Bens Soft Pretzels franchise agreement allow for changes to the system?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
sed in this Agreement, any reference to Owner includes all Owners.
- E. "Store" means the BEN'S SOFT PRETZELS Store you develop and operate pursuant to this Agreement.
- F. "System" means the BEN'S SOFT PRETZELS System, which consists of distinctive food selection and presentation, unique recipes, methods and procedures, equipment, interior and exterior accessories, color schemes, products, services, method of operation, marketing and advertising programs, management programs, standards, specifications and proprietary information, all of which we may change modify and change from time to time.
- G. "Trademarks" means the BEN'S SOFT PRETZELS Trademark that has been registered in the United States and elsewhere and the trademarks, service marks and trade names set forth on Schedule B, as we may modify and change from time to time, and the trade dress and other commercial symbols used in the Store. Trade dress includes the designs, color schemes and image we authorize you to use in the operation of the Store from time to time.
GRANT OF LICENSE
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- The following provisions control with respect to the license granted hereunder:
- A. Store. We grant to you the right and license to establish and operate a retail Store identified by the BEN'S SOFT PRETZELS Trademarks or such other marks as we may direct (the "Store"), at the location identified on the Data Sheet, which location must be designated within 90 days from the date of this Agreement (the "Authorized Location"). When a location has been designated by you and approved by us, it will become part of this subparagraph 2.A as if originally stated. If a Store is not "under control" within 180 days from the date of this Agreement (as defined in subparagraph 5.A), we may grant you an extension of time to locate a Store or terminate this Agreement. You accept the license and undertake the obligation to operate the Store using the Trademarks and the System in compliance with the terms and conditions of this Agreement.
- B. Opening. You agree that the Store will be open and operating in accordance with the requirements of subparagraph 5.A within 365 days from the date of this Agreement, unless we authorize in writing an extension of time.
- C. Nonexclusivity; Our Reservation of Rights.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels' 2025 Franchise Disclosure Document, the franchise agreement allows Bens Soft Pretzels to modify the System and Trademarks from time to time. The "System" is defined as the distinctive food selection and presentation, unique recipes, methods and procedures, equipment, interior and exterior accessories, color schemes, products, services, method of operation, marketing and advertising programs, management programs, standards, specifications and proprietary information. This means Bens Soft Pretzels has the right to make changes to almost every aspect of the business.
Bens Soft Pretzels also reserves the right to change or modify the Trademarks, including the BEN'S SOFT PRETZELS Trademark, at any time. Franchisees may be required to cease using a Trademark and use a different Trademark designated by Bens Soft Pretzels. These changes can be prompted by challenges to the ownership of the Trademarks, changes in market conditions, or claimed or actual infringement of their Trademarks.
Bens Soft Pretzels will provide written notice of any changes or modifications to the Trademarks, and franchisees will have a reasonable amount of time, not to exceed six months, to implement the changes. Franchisees are responsible for all expenses associated with these changes, which may include changing signage, ceasing use of products or advertising materials containing the former Trademarks, and changing letterhead and business cards. This gives Bens Soft Pretzels significant control over the brand's image and standards, but it also places the financial burden of implementing these changes on the franchisee.