What are the franchisee's obligations to Bens Soft Pretzels upon termination or non-renewal?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Agreement | Summary | |
|---|---|---|---|
| i. | Franchisee's | Section 4C | Pay amounts owed; return the Operations Manual and Software |
| obligations on termination/non renewal | Section 14A-14C | Program and return or destroy all other materials; stop using Marks, System and confidential information; de-identify yourself from us; cancel assumed names; return to us any signs utilizing the Marks; provide us with the names, addresses, telephone numbers and email addresses of all customers; assign to us your telephone and facsimile numbers, and email and internet addresses, websites, domain names, social media sites and search engine identifiers; assign your lease to us, at our option; adhere to non-competition provisions. (also see r, below) |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 34–37)
What This Means (2025 FDD)
According to Bens Soft Pretzels' 2025 Franchise Disclosure Document, upon termination or non-renewal of the franchise agreement, a franchisee has several obligations. These include paying all outstanding amounts owed to Bens Soft Pretzels and returning the Operations Manual and Software Program. The franchisee must also return or destroy all other materials related to the franchise.
Additionally, the franchisee is obligated to cease using Bens Soft Pretzels' Marks, System, and confidential information. They must also take steps to de-identify themselves from Bens Soft Pretzels, which includes canceling any assumed names and returning any signs that utilize the company's Marks. Furthermore, the franchisee is required to provide Bens Soft Pretzels with the names, addresses, telephone numbers, and email addresses of all customers.
Bens Soft Pretzels also requires the franchisee to assign to them their telephone and facsimile numbers, email and internet addresses, websites, domain names, social media sites, and search engine identifiers. At Bens Soft Pretzels' option, the franchisee may be required to assign their lease to them. Finally, the franchisee must adhere to the non-competition provisions outlined in the franchise agreement, which restrict the franchisee from operating a similar business within a specified area for a certain period.