Is a Bens Soft Pretzels franchisee responsible for complying with all laws applicable to the POS System?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
L. Compliance with Law; Licenses and Permits. You must at all times maintain your premises and conduct your Store operations in compliance with all applicable laws, regulations, codes and ordinances. You must secure and maintain in force all required licenses, permits and certificates relating to your Store and be prepared to furnish copies upon request.
You acknowledge that you are an independent business and solely responsible for control and management of your Store, including, but not limited to, the hiring and discharging of your employees and setting and paying wages and benefits of your employees. You acknowledge that we have no power, responsibility or liability in respect to the hiring, discharging, setting and paying of wages or related matters.
You must immediately notify us in writing of any claim, litigation or proceeding that arises from or affects 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.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, franchisees are responsible for maintaining their store operations in compliance with all applicable laws, regulations, codes, and ordinances. This requirement extends to all aspects of the business, implying that franchisees must ensure their Point of Sale (POS) systems adhere to relevant legal standards.
This obligation includes securing and maintaining all required licenses, permits, and certificates related to the store. Franchisees must also be prepared to furnish copies of these documents upon request, demonstrating their commitment to legal compliance. Furthermore, franchisees are considered independent businesses solely responsible for the control and management of their stores, including employee-related matters such as hiring, discharging, and setting wages.
The FDD emphasizes the importance of franchisees promptly notifying Bens Soft Pretzels in writing of any claim, litigation, or proceeding that arises from or affects the operation or financial condition of their business, including notices of health code violations or other license violations. This ensures that Bens Soft Pretzels is informed of any potential legal issues that could impact the brand or the franchisee's operations. Therefore, it is the franchisee's responsibility to ensure that their POS system and all other aspects of their business comply with applicable laws and regulations.