What is the franchisee responsible for regarding site selection for a Bens Soft Pretzels store?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- A. Store Facility; Site Under Control. You are responsible for leasing a site that meets our site selection guidelines. We must consent to the site in writing. You may not use the Store premises for any purpose other than the operation of a BEN'S SOFT PRETZELS Store during the term of this Agreement or any Interim Period. We make no guarantees concerning the success of the Store located on any site to which we consent.
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.
If your Store is located in a leased space other than space where we may have arrangement with retailers as noted below, you and your landlord must sign the Lease Addendum attached as Schedule C. We recommend you submit the Lease Addendum to the landlord at the beginning of
your lease review and negotiation, although the terms of the Lease Addendum may not be negotiated without our prior approval. If the landlord requires us to negotiate the Lease Addendum, we reserve the right to charge you a fee, which will not exceed our actual costs associated with the negotiation. You must provide us a copy of the executed lease and Lease Addendum within 5 days of its execution. We have no responsibility for the lease; it is your sole responsibility to evaluate, negotiate and enter into the lease for the Store premises.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels's 2025 Franchise Disclosure Document, the franchisee is responsible for leasing a site that meets the franchisor's site selection guidelines. Bens Soft Pretzels must provide written consent to the site. The franchisee cannot use the store premises for any purpose other than operating a Bens Soft Pretzels store during the term of the agreement. However, Bens Soft Pretzels makes no guarantees concerning the success of the store at any site to which they consent.
The franchisee cannot open their store for business until Bens Soft Pretzels notifies them in writing that they have satisfied their pre-opening obligations and Bens Soft Pretzels has consented to the opening date. Bens Soft Pretzels is not responsible or liable for any of the franchisee's pre-opening obligations, losses, or expenses incurred for failure to comply with these obligations or failure to open by a particular date.
If the store is located in a leased space other than space where Bens Soft Pretzels may have an arrangement with retailers, the franchisee and their landlord must sign the Lease Addendum. The franchisee should submit the Lease Addendum to the landlord at the beginning of the lease review and negotiation, although the terms of the Lease Addendum may not be negotiated without Bens Soft Pretzels's prior approval. Bens Soft Pretzels may charge the franchisee a fee for negotiating the Lease Addendum, not to exceed their actual costs. The franchisee must provide Bens Soft Pretzels a copy of the executed lease and Lease Addendum within 5 days of its execution. The franchisee is solely responsible for evaluating, negotiating, and entering into the lease for the store premises.