What must a Bens Soft Pretzels franchisee do regarding an architect after obtaining possession of the site?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
s, furnishings, and design and layout of the building. You may not commence construction of the Store until you have received our written consent to your layout plans.
Without limiting the generality of the prior paragraph, you must promptly after obtaining possession of the site for the Store: (i) contact and retain an architect that meets our approval and have prepared and submitted for our approval a site survey and basic architectural plans and specifications consistent with our general atmosphere, image, color scheme and décor requirements as set forth from time to time in the Manuals for a BEN'S SOFT PRETZELS store (including requirements for dimensions, exterior design, materials, interior design and layout, equipment, fixtures, furniture and signage); (ii) purchase or lease and then, in the construction of the Store, use only the approved building materials, equipment, fixtures, audio visual equipment, furniture and signage; (iii) complete the construction and/or remodeling, equipment, fixtures, furniture and sign installation and decorating of the Store in full and strict compliance with plans and specifications we approve and all applicable ordinances, building codes and permit requirements without any unauthorized alterations; (iv) obtain all customary contractors' sworn statements and partial and final waivers, obtain all necessary permits, licenses and architectural seals and comply with applicable legal requirements relating to the building, signs, equipment and premises, including, but not limited to, the Americans With Disabilities Act; and (v) obtain and maintain all required zoning changes, building, utility, health, sanitation, and sign permits and licenses and any other required permits and licenses.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, after obtaining possession of the site for the store, a franchisee must promptly contact and retain an architect that meets Bens Soft Pretzels' approval. The franchisee is then required to have the architect prepare and submit a site survey and basic architectural plans and specifications for Bens Soft Pretzels' approval. These plans must be consistent with the general atmosphere, image, color scheme, and décor requirements as outlined in the Bens Soft Pretzels manuals. These requirements include specifications for dimensions, exterior design, materials, interior design and layout, equipment, fixtures, furniture, and signage.
This requirement ensures that all Bens Soft Pretzels stores maintain a consistent brand image and adhere to the franchisor's standards. By mandating the use of an approved architect and requiring approval of the site survey and architectural plans, Bens Soft Pretzels retains control over the store's design and appearance. This helps to protect the brand's uniformity and customer experience across all locations.
The franchisee is also responsible for ensuring that the construction and remodeling of the store comply with the approved plans and specifications, as well as all applicable ordinances, building codes, and permit requirements. Unauthorized alterations are not permitted. Additionally, the franchisee must obtain all customary contractors' sworn statements and waivers, necessary permits, licenses, and architectural seals, and comply with legal requirements such as the Americans With Disabilities Act. The franchisee is also responsible for obtaining and maintaining all required zoning changes, building, utility, health, sanitation, and sign permits and licenses.