Can a Bens Soft Pretzels franchisee terminate the franchise agreement under state law?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- b. Franchisee may terminate this Agreement upon 60 days' written notice to Franchisor.
VIRGINIA ADDENDUM TO FRANCHISE DISCLOSURE DOCUMENT
Item 17, Additional Disclosure. In recognition of the restrictions contained in Section 13.1- 564 of the Virginia Retail Franchising Act, the Franchise Disclosure Document for Franchisor for use in the Commonwealth of Virginia shall be amended as follows:
"Pursuant to Section 13.1-564 of the Virginia Retail Franchising Act, it is unlawful for a franchisor to cancel a franchise without reasonable cause. If any ground for default or termination stated in the franchise agreement does not constitute "reasonable cause," as that term may be defined in the Virginia Retail Franchising Act or the laws of Virginia, that provision may not be enforceable."
MINNESOTA ADDENDUM TO FRANCHISE DISCLOSURE DOCUMENT
Item 17, Notice of Termination: The following statement is added to Item 17:
With respect to franchises governed by Minnesota law, Franchisor will comply with Minnesota Statute § 80C.14, subdivisions 3, 4, and 5 which requires, except in certain specified cases, that you be given 90 days notice of termination (with 60 days to cure) and 180 days notice for non-renewal of the Franchise Agreement.
NORTH DAKOTA ADDENDUM TO FRANCHISE DISCLOSURE DOCUMENT
Item 17, Additional Disclosures. The following statements are added to Item 17:
Pursuant to the North Dakota Franchise Investment Law, any provision requiring franchisees to consent to the jurisdiction of courts outside North Dakota or to consent to the application of laws of a state other than North Dakota is void.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, franchisees have certain rights to terminate the franchise agreement, which may be influenced by state laws. Specifically, the standard agreement allows the franchisee to terminate with 60 days' written notice to Bens Soft Pretzels.
Several state addenda modify the standard agreement to comply with state-specific franchise laws. For example, in Virginia, it is unlawful for Bens Soft Pretzels to cancel a franchise without reasonable cause, as defined by the Virginia Retail Franchising Act. Similarly, Minnesota law requires Bens Soft Pretzels to provide specific notice periods for termination (90 days with 60 days to cure) and non-renewal (180 days), except in certain cases. North Dakota law voids any provision requiring franchisees to consent to out-of-state jurisdiction or the application of other states' laws, ensuring North Dakota law governs disputes.
These state-specific provisions ensure that franchisees are not subjected to terms that violate state franchise laws, including waivers of claims, punitive damages, or jury trials. The addenda also emphasize that no statement or acknowledgment can waive claims under state franchise laws or disclaim reliance on franchisor statements. Therefore, while the Bens Soft Pretzels franchise agreement outlines general termination conditions, these are subject to modifications and protections provided by state laws, which may offer additional rights and safeguards to franchisees.