Can a Bens Soft Pretzels franchisee engage in any conduct that would harm the goodwill associated with the Trademarks?

According to Bens Soft Pretzels's 2025 Franchise Disclosure Document, franchisees are prohibited from engaging in any conduct that could harm the goodwill associated with the Bens Soft Pretzels trademarks. The Trademarks are the property of Bens Soft Pretzels, and the franchisee's right to use them is specifically conditioned on protecting that ownership and goodwill.

Specifically, franchisees cannot take any actions, directly or indirectly, that would infringe upon, harm, or contest Bens Soft Pretzels's rights in the Trademarks or the goodwill associated with them. This includes using the Trademarks in a derogatory, negative, or otherwise inappropriate manner in any media, whether print or electronic. This restriction applies both during the term of the Franchise Agreement and after its termination.

This provision is typical in franchise agreements, as franchisors need to protect their brand identity and reputation. For a prospective Bens Soft Pretzels franchisee, this means being vigilant about how the brand is represented in all aspects of their business, from marketing materials to customer interactions. Failure to comply could result in legal action from the franchisor and potential termination of the franchise agreement.