Can a Bens Soft Pretzels franchisee use any insurance company they choose?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
missions of you or your employees, including any that relate to any party making a finding of any joint employer status, you will fully indemnify us for any such loss.
C. Insurance. You must purchase and maintain in full force and effect, at your expense and from a company we accept, insurance that insures both you and us, our affiliates and any other persons we designate by name. The insurance policy or policies must be written in accordance with the standards and specifications (including minimum coverage amounts) set forth in writing by us from time to time, and, at a minimum, must include the following (except as different coverages and policy limits may be specified for all franchisees from time to time in writing): (i) "special" causes of loss coverage forms (sometimes called "All Risk Coverage" or "All Peril Coverage") on the Store, store improvements and all furniture, fixtures, equipment, supplies and other property used in the operation of the Store, for full repair and replacement value, except that an appropriate deductible clause is permitted; (ii) business interruption insurance covering a minimum of 12 months loss of income, including coverage for our Royalty Fees (for example, in the event of a fire or destruction of the premises, the insurance must cover our average royalty payments (based on the previous 12-month timeframe, or if a shorter timeframe, the total operating timeframe for the store) during the rebuilding process); (iii) comprehensive general liability insurance including product liability insurance and contractual liability insurance, with minimum limits of $2,000,000 per occurrence and $2,000,000 to $5,000,000 annual aggregate; (iv) personal and advertising injury insurance with minimum limits of $2,000,000 per occurrence; (v) fire damage coverage in an amount sufficient to cover the replacement costs of the Store equipment, improvements and betterments; (vi) medical expense coverage in the amount of $10,000 to $25,000; (vii) workers' compensation insurance covering all of your employees; (viii) employers liability insurance with contingent liability; ( ix) umbrella liability insurance; ( x) automobile liability insurance; (xi) "Per Location" aggregate limits when multiple store locations are insured under one comprehensive general liability and umbrella liability policy(cies); (xii) Ben's Soft Pretzels Franchising Corporation and its affiliates are named as additional insureds on all liability policies required by this subparagraph; (xiii) severability of interests and/or separation of insureds provisions must be included in the liability policies and an endorsement is required providing that the franchisee's insurance is primary with respect to any insurance policy carried by Ben's Soft Pretzels Franchising Corporation and its affiliates and any insurance maintained by Ben's Soft Pretzels Franchising Corporation or its affiliates is excess and non-contributing; (xiv)
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels's 2025 Franchise Disclosure Document, franchisees do not have complete freedom in selecting their insurance provider. Instead, franchisees must purchase and maintain insurance from a company that Bens Soft Pretzels approves. This insurance must cover both the franchisee and Bens Soft Pretzels, including its affiliates and any other persons Bens Soft Pretzels designates.
The insurance policy must adhere to the standards and specifications that Bens Soft Pretzels sets in writing, including minimum coverage amounts. The required insurance coverage includes: special causes of loss coverage, business interruption insurance covering a minimum of 12 months loss of income (including royalty fees), comprehensive general liability insurance with minimum limits of $2,000,000 per occurrence and $2,000,000 to $5,000,000 annual aggregate, personal and advertising injury insurance with minimum limits of $2,000,000 per occurrence, fire damage coverage, medical expense coverage in the amount of $10,000 to $25,000, workers' compensation insurance, employers liability insurance, umbrella liability insurance, and automobile liability insurance.
Additionally, the policy must include "Per Location" aggregate limits when multiple store locations are insured under one comprehensive general liability and umbrella liability policy(cies). Bens Soft Pretzels Franchising Corporation and its affiliates must be named as additional insureds on all liability policies. The policy must also include severability of interests and/or separation of insureds provisions, a waiver of subrogation endorsement, and any other insurance coverages or amounts required by law or other agreement related to the Store. This ensures that Bens Soft Pretzels is protected and that the franchisee meets specific coverage requirements, which is a common practice in franchising to maintain brand consistency and protect the franchisor's interests.