Is a Bens Soft Pretzels franchisee required to sign agreements related to the POS system?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
ffects the operation or financial condition of your BEN'S SOFT PRETZELS business or Store, including any notices of health code violations or other license violations.
M. Participation in Internet Websites or Other Online Communications. We may require you, at your expense, to participate in our BEN'S SOFT PRETZELS website on the Internet, our intranet system or extranet system or other online communications as we may require. We
have the right to determine the content and use of our website and intranet or extranet system and will establish the rules under which franchisees may or must participate. You may not separately register any domain name containing any of the Trademarks, participate in any website (including any social media platform) that markets goods and services similar to a BEN'S SOFT PRETZELS store, or operate a website or social media site for your Store that does not link to our website and/or that we do not approve. We will provide you with template websites to be used only in accordance with our standards and will list your Store on our primary website. We retain all rights relating to our website and intranet system and may alter or terminate our website, extranet system or intranet system. Your general conduct on our website and intranet and extranet systems or other online communications and specifically your use of the Trademarks or any advertising is subject to the provisions of this Agreement. In particular, you shall not either directly or indirectly create, develop, maintain, and/or use your own website, blog, vlog, social network, or other on-line venue or communication on the Internet using any of the Trademarks, or otherwise use any of the Trademarks on the Internet in any other manner including for search engine advertising purposes without our prior written consent. You acknowledge that certain information related to your participation in our website or intranet system may be considered Confidential Information, including access codes and identification codes. Your right to participate in our website and intranet or extranet system, or otherwise use the Trademarks or System on the Internet or other online communications, will terminate when this Agreement expires or terminates.
- N. System Modifications.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
The 2025 Franchise Disclosure Document for Bens Soft Pretzels does not explicitly state that a franchisee is required to sign a separate agreement for the POS (Point of Sale) system. However, the FDD does mention that franchisees may be required to participate in Bens Soft Pretzels' website, intranet, extranet, or other online communications, and that certain information related to this participation may be considered confidential, including access and identification codes.
While the FDD doesn't specify a separate POS agreement, it's common in franchising for technology systems like POS to be governed by specific terms. These terms are often integrated into the franchise agreement or outlined in separate technology exhibits or addenda. The franchise agreement stipulates that the franchisee shall pay all costs and expenses incurred by Ben's Soft Pretzels Franchising Corporation in enforcing the agreement.
Therefore, a prospective Bens Soft Pretzels franchisee should clarify with the franchisor whether the use of the POS system is governed by specific terms and conditions, and if a separate agreement or addendum is required. Understanding these obligations is crucial for assessing the overall costs and responsibilities associated with operating a Bens Soft Pretzels franchise.