Does the Bens Soft Pretzels franchise agreement require franchisees to acknowledge studying the Disclosure Document and Franchise Agreement?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- Do you understand that you are bound by the non-compete covenants (both in-term and post-term)
listed in Subparagraph 10.D and that an injunction is an appropriate remedy to protect the interest of the BEN'S SOFT PRETZELS system if you violate the covenant(s)? Further, do you understand
Check one: () Yes () No. If no, please comment: that the term "you" for purposes of the non-compete covenants is defined broadly in subparagraph 10.D, such that any actions in violation of the covenants by those holding any interest in the franchisee entity may result in an injunction, default and termination of the Franchise Agreement? 16. satisfaction? Check one: () Yes Have all your questions about the BEN'S SOFT PRETZELS franchise been answered to your () No. If no, please comment: 17. On the receipt pages of your Disclosure Document you identified as the franchise sellers involved in this franchise sales process. Are the franchise sellers identified above the only franchise sellers involved with this transaction? Check one: () Yes () No. If no, please identify any additional franchise sellers involved with this transaction: ANY ANSWER, CONTINUE ON A SEPARATE SHEET AND ATTACH. YOUR ANSWERS TO THESE QUESTIONS ARE IMPORTANT TO US AND WE WILL RELY ON THEM IN SIGNING THE FRANCHISE AGREEMENT. BY SIGNING THIS ADDENDUM, YOU ARE REPRESENTING THAT YOU HAVE CONSIDERED EACH QUESTION CAREFULLY AND RESPONDED TRUTHFULLY TO THE ABOVE QUESTIONS. IF MORE SPACE IS NEEDED FOR NOTE: IF THE RECIPIENT IS A CORPORATION, PARTNERSHIP, LIMITED LIABILITY ACKNOWLEDGMENT. COMPANY OR OTHER ENTITY, EACH OF ITS PRINCIPAL OWNERS MUST EXECUTE THIS
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, franchisees are required to acknowledge that they have carefully read the disclosure document and all agreements. This acknowledgement is part of an addendum that franchisees must sign, representing that they have carefully considered each question and responded truthfully. This addendum includes questions about understanding non-compete covenants and whether all questions about the Bens Soft Pretzels franchise have been answered to the franchisee's satisfaction.
This requirement ensures that prospective franchisees are aware of the terms and conditions of the franchise agreement before signing. By signing the addendum, franchisees confirm their understanding of key aspects of the franchise, such as non-compete obligations. This helps to protect the interests of the Bens Soft Pretzels system by ensuring franchisees are informed and committed to upholding their contractual obligations.
Furthermore, the FDD includes receipts that state, "This Disclosure Document summarizes certain provisions of the Franchise Agreement and other information in plain language. Read this Disclosure Document and all agreements carefully." This statement emphasizes the importance of carefully reviewing the documents before entering into a franchise agreement with Bens Soft Pretzels. The receipts also highlight the franchisee's rights and the franchisor's obligations regarding the timely delivery of the disclosure document and the accuracy of its contents.
In summary, Bens Soft Pretzels places significant emphasis on ensuring that franchisees are well-informed and understand their obligations. The acknowledgement requirement, along with the receipts included in the FDD, serves to protect both the franchisor and the franchisee by promoting transparency and informed decision-making.