Does Bens Soft Pretzels grant franchisees an exclusive territory?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
You will not receive an exclusive territory. You may face competition from other franchisees, from outlets we own, or from other channels of distribution or competitive brands that we control. You receive the right to operate a BEN'S SOFT PRETZELS Store at a specific location described in the Franchise Agreement (the "Authorized Location").
For a Mobile Store, the Authorized Location will be where you park the truck or trailer when it is not in use. After we designate the Authorized Location for your Mobile Store, we will determine a nonexclusive geographic area of operation for the Mobile Store ("Designated Area"). We base the size of the Designated Area generally on population density, income level and the number of households and businesses in the area. Your Designated Area may be defined using zip codes, a map or a radius around the Location and will be identified on Schedule A to your Franchise Agreement. A description of the Designated Area will be inserted in Schedule A to the Franchise Agreement. The Mobile Store may offer and sell food products and merchandise only from locations within the Designated Area as we specify and may be prohibited from selling from locations within a certain proximity of a traditional non-mobile location (including a captive venue). You must follow any policies and procedures for the operation of your Mobile
Store, which we may establish from time to time. There may be more than one Mobile Store granted the right to operate in the same or similar non-exclusive Designated Area, including operating or granting a third party the right to operate a BEN'S SOFT PRETZELS Store from a fixed, non-mobile location (including captive venue), operating or granting a third party the right to operate from a temporary location within a captive venue or selling BEN'S SOFT PRETZELS Store food products or merchandise using any channel of distribution other than a truck or trailer. Further, we reserve the right to operate or grant others the right to operate in any and all university locations, sports venues and any venue that seats above 5,000 people, regardless if they fall inside of a non-exclusive Designated Area.
Source: Item 12 — TERRITORY (FDD pages 30–32)
What This Means (2025 FDD)
According to Bens Soft Pretzels's 2025 Franchise Disclosure Document, franchisees do not receive an exclusive territory. The FDD states that franchisees may face competition from other franchisees, outlets owned by Bens Soft Pretzels, other distribution channels, or competitive brands controlled by the company. The franchisee's right is limited to operating a Bens Soft Pretzels store at a specific location outlined in the Franchise Agreement, referred to as the "Authorized Location."
For mobile stores, the Authorized Location is where the truck or trailer is parked when not in use. Bens Soft Pretzels will determine a nonexclusive geographic area of operation for the mobile store, called the "Designated Area." The size of this area is based on factors like population density, income level, and the number of households and businesses. The Designated Area will be defined in Schedule A of the Franchise Agreement, potentially using zip codes, a map, or a radius around the location. Mobile stores can only operate within their Designated Area and may be restricted from operating near traditional, non-mobile locations, including captive venues.
Bens Soft Pretzels retains all rights not expressly granted to the franchisee, including the right to establish franchised, company-owned, or affiliate-owned stores at any location, regardless of proximity to the franchisee's store. They can also merge with or acquire other businesses, even those competing with Bens Soft Pretzels, and sell products through alternative distribution channels like grocery stores or the internet. Furthermore, Bens Soft Pretzels reserves the right to operate or grant others the right to operate in university locations, sports venues, and any venue that seats above 5,000 people, even if they fall inside of a non-exclusive Designated Area.