What are the franchisee's obligations upon termination or non-renewal of a Bens Soft Pretzels franchise?
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, franchisees have several obligations upon termination or non-renewal of their franchise agreement. These obligations include paying all outstanding amounts owed to Bens Soft Pretzels. Additionally, franchisees must return the Operations Manual and Software provided by the company. Franchisees are also required to discontinue using the Bens Soft Pretzels system, marks, and confidential information.
Further, franchisees must take steps to disassociate themselves from Bens Soft Pretzels, which includes canceling any assumed names used during the franchise term. Franchisees need to return any signs that utilize Bens Soft Pretzels' marks. They must also provide Bens Soft Pretzels with a comprehensive customer list, including names, addresses, telephone numbers, and email addresses. At the option of Bens Soft Pretzels, franchisees may be required to assign their lease to the company.
Moreover, franchisees are bound by non-competition provisions, preventing them from engaging in similar business activities for a specified period and within a certain radius of their former location or any other Bens Soft Pretzels store. Franchisees must also assign to Bens Soft Pretzels their telephone and facsimile numbers, email and internet addresses, websites, domain names, social media sites, and search engine identifiers. These post-termination obligations are designed to protect Bens Soft Pretzels' brand and market position.