How long does a Bens Soft Pretzels franchisee have to designate the location of their store?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- A. Store. We grant to you the right and license to establish and operate a retail Store identified by the BEN'S SOFT PRETZELS Trademarks or such other marks as we may direct (the "Store"), at the location identified on the Data Sheet, which location must be designated within 90 days from the date of this Agreement (the "Authorized Location"). When a location has been designated by you and approved by us, it will become part of this subparagraph 2.A as if originally stated. If a Store is not "under control" within 180 days from the date of this Agreement (as defined in subparagraph 5.A), we may grant you an extension of time to locate a Store or terminate this Agreement. You accept the license and undertake the obligation to operate the Store using the Trademarks and the System in compliance with the terms and conditions of this Agreement.
- B. Opening. You agree that the Store will be open and operating in accordance with the requirements of subparagraph 5.A within 365 days from the date of this Agreement, unless we authorize in writing an extension of time.
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 has 90 days from the date of the Franchise Agreement to designate the location of their store. This designated location is referred to as the "Authorized Location" in the agreement. Once the franchisee designates a location and Bens Soft Pretzels approves it, the location becomes part of the franchise agreement as if it were originally stated in the document.
If the franchisee does not have the store "under control" within 180 days from the date of the agreement, Bens Soft Pretzels may grant an extension or terminate the agreement. The FDD defines "under control" elsewhere (subparagraph 5.A), but the excerpt does not include that definition. The franchisee must have the store open and operating within 365 days from the date of the agreement, unless Bens Soft Pretzels authorizes a written extension.
This clause is important for prospective franchisees as it sets a clear timeline for securing and opening their Bens Soft Pretzels store. Failure to meet these deadlines could result in the termination of the franchise agreement. Franchisees should therefore carefully consider their ability to find a suitable location and commence operations within the specified timeframes.