How can the Bens Soft Pretzels franchise agreement be modified?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Agreement | Summary | |
|---|---|---|---|
| o. | Franchisor’s option to purchase franchisee’s business | Section 14B | Option to purchase some or all equipment, supplies, inventory, advertising materials and any items with our logo, for cash at fair market value, exercisable up to 90 days after termination or expiration. If no agreement on fair market value, an appraiser appointed by us will decide. |
| p. | Death or disability of franchisee | Section 11E | You must assign franchise to an approved buyer within 180 days. All transfer provisions of section 8 of the franchise agreement apply. |
| q. | Non-competition covenants during the term of the franchise | Section 10D | No store or food business which includes the sale of pretzels where the sale of pretzels is more than 10% of the overall revenue of the business, nor an organization franchising a similar business (subject to state law). |
| r. | Non-competition covenants after the franchise is terminated or expires | Section 10D | No store or food business which includes the sale of pretzels where the sale of pretzels is more than 10% of the overall revenue of the business for 1 year within 5 miles of your former store location, or within 5 miles of any other BEN’S SOFT PRETZELS store. No organization franchising a similar business for 1 year. No solicitation or acceptance of business from former customers for 1 year (subject to state law). |
| s. | Modification of agreement | Section 15B | Modification by written agreement signed by you and us. The Operations Manual can be revised and modified by us. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 34–37)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the franchise agreement can only be modified through a written agreement that is signed by both the franchisee and Bens Soft Pretzels. This ensures that any changes to the original agreement are formally documented and agreed upon by all parties involved, providing clarity and legal protection.
However, the FDD also states that Bens Soft Pretzels has the right to revise and modify the Operations Manual. This is a crucial distinction for prospective franchisees. While the core Franchise Agreement requires mutual written consent for modifications, the Operations Manual, which contains the System Standards, can be changed unilaterally by Bens Soft Pretzels.
This means that Bens Soft Pretzels can make changes to the way the franchise is operated, and the franchisee is obligated to adhere to those changes. This is a fairly standard practice in franchising, as it allows the franchisor to maintain consistency and adapt to changing market conditions or improve operational efficiency across the franchise system. Franchisees should carefully review the scope and potential impact of changes to the Operations Manual, as these changes could affect their day-to-day operations and profitability.