What happens in the event of the death or disability of a Bens Soft Pretzels franchisee?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Agreement | Summary | |
|---|---|---|---|
| p. | Death or disability of franchisee | Section 11E | You must assign franchise to an approved buyer within 180 days. All transfer provisions of section 8 of the franchise agreement apply. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 34–37)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, in the event of the death or disability of a franchisee, the franchise must be assigned to an approved buyer within 180 days. This means that the franchisee's estate or legal representative is responsible for finding a suitable buyer who meets Bens Soft Pretzels's approval criteria.
The transfer of the franchise is subject to all the standard transfer provisions outlined in Section 8 of the franchise agreement. This likely includes requirements such as the buyer meeting Bens Soft Pretzels's qualifications, paying any outstanding amounts owed by the original franchisee, and signing the current form of the franchise agreement.
This provision ensures that Bens Soft Pretzels maintains control over who operates its franchises, even in unforeseen circumstances. For a prospective franchisee, it highlights the importance of having a succession plan or adequate insurance to manage the franchise in case of death or disability. Failure to find an approved buyer within the 180-day timeframe could potentially lead to termination of the franchise agreement.