factual

If there is a change in the Owners of a Bens Soft Pretzels franchise, what is the franchisee obligated to do?

Bens_Soft_Pretzels Franchise · 2025 FDD

Answer from 2025 FDD Document

  • D. "Owner" means any person or entity who, now or hereafter, directly or indirectly owns an interest in the franchisee when the franchisee is a corporation, limited liability company, or a similar entity other than a partnership entity. If the franchisee is a partnership entity, then each general partner is an Owner, regardless of the percentage of ownership interest. If the franchisee is one or more individuals, each individual is an Owner of the franchisee. Your Owner(s) are identified on the Data Sheet. Every time there is a change in the persons who are your Owners, you must, within 10 days from the date of each such change, update the Data Sheet. As used in this Agreement, any reference to Owner includes all Owners.

Source: Item 22 — CONTRACTS (FDD pages 46–47)

What This Means (2025 FDD)

According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, a franchisee must update the Data Sheet within 10 days of any change in the Owners of the franchise. The term 'Owner' is defined as any person or entity who directly or indirectly owns an interest in the franchisee, especially if the franchisee is a corporation, limited liability company, or similar entity. If the franchisee is a partnership, each general partner is considered an Owner, regardless of their ownership percentage. If the franchisee consists of one or more individuals, each individual is considered an Owner.

This requirement ensures that Bens Soft Pretzels maintains accurate records of who controls and benefits from each franchise location. The Data Sheet, referenced in the franchise agreement, likely contains information about the Owners, such as their names, addresses, and ownership percentages. Keeping this information current allows Bens Soft Pretzels to communicate effectively with the appropriate individuals and enforce the terms of the franchise agreement.

For a prospective franchisee, this means that any change in ownership, whether through the addition of a new partner, the sale of shares, or any other mechanism, triggers an obligation to notify Bens Soft Pretzels and update the Data Sheet promptly. Failure to do so could potentially result in a breach of the franchise agreement, with possible consequences such as penalties or even termination of the franchise. Therefore, it is crucial for franchisees to understand and comply with this requirement to maintain a good standing with Bens Soft Pretzels.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.