What must a Bens Soft Pretzels franchisee receive in writing before opening their store for business?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
You may not open your Store for business until we have notified you in writing that you have satisfied your pre-opening obligations as set forth in subparagraphs 5.A and 5.B and we have consented to your opening date. We are not responsible or liable for any of your pre-opening obligations, losses or expenses you might incur for your failure to comply with these obligations or your failure to open by a particular date. We also are entitled to injunctive relief or specific performance under subparagraph 12.C for your failure to comply with your obligations.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, a franchisee cannot open their store until they receive written notification from Bens Soft Pretzels that they have met all pre-opening obligations. This notification also serves as consent to the franchisee's proposed opening date.
This requirement ensures that the franchisee has fulfilled all necessary steps and conditions before commencing operations. These pre-opening obligations are detailed in subparagraphs 5.A and 5.B of the franchise agreement, though the specific details of those subparagraphs are not included in the provided excerpts.
Bens Soft Pretzels states they are not liable for any pre-opening obligations, losses, or expenses incurred if the franchisee fails to comply with these obligations or misses a particular opening date. Additionally, Bens Soft Pretzels retains the right to seek injunctive relief or specific performance if the franchisee does not meet their obligations. This means Bens Soft Pretzels can take legal action to ensure the franchisee complies with the agreement.