Is a Bens Soft Pretzels franchisee compensated for assisting with Trademark litigation?

According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, franchisees are required to assist Bens Soft Pretzels with trademark litigation, but will not be compensated for their assistance. Franchisees must promptly notify Bens Soft Pretzels of any trademark infringements or challenges they become aware of.

Specifically, the franchisee must take reasonable steps to assist Bens Soft Pretzels with any action the company undertakes related to trademark litigation. However, the agreement explicitly states that this assistance is to be provided "without compensation." This means that while franchisees are obligated to support Bens Soft Pretzels in protecting its trademarks, they will not receive any payment or other form of reimbursement for their time or expenses incurred in providing such assistance.

Bens Soft Pretzels will be responsible for their own fees and expenses related to trademark litigation, unless the challenge or claim arises from the franchisee's misuse of the trademarks. In such cases, the franchisee will be responsible for reimbursing Bens Soft Pretzels for their fees and expenses. This arrangement places the burden of trademark protection on both the franchisor and the franchisee, with the franchisee bearing the cost of their own assistance and potential liability for misuse of the trademarks.