What maintenance requirements does Bens Soft Pretzels establish for the operation of my store?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
tion of your lease due to your breach. The termination or cancellation of your lease due to your breach is grounds for immediate termination under subparagraph 13.B.2.
E. Modernization or Replacement. From time to time as we require, you must modernize and/or replace the building, premises, trade dress, equipment, fixtures and improvements as may be necessary for your Store to conform to the standards for similarly situated new BEN'S SOFT PRETZELS stores. Furthermore, in addition to performing general continued maintenance and refreshing of the Store premises whenever necessary as set forth in subparagraph 5.C, you must make any required expenditures for equipment or leasehold improvements necessary to prepare new menu items or products.
Each and every transfer of any interest in this Agreement or your business governed by Paragraph 11 or any renewal agreement covered by Paragraph 4 is expressly conditioned upon your compliance with these modernization or replacement requirements at the time of transfer or renewal.
You acknowledge and agree that the requirements of this subparagraph 5.E are both reasonable and necessary to ensure continued public acceptance and patronage of BEN'S SOFT PRETZELS stores and to avoid deterioration or obsolescence in connection with the operation of the Store. If you fail to make any improvement as required by this subparagraph or perform the maintenance described in subparagraph 5.C, we may, in addition to our other rights in this Agreement, effect such improvement or maintenance and you must reimburse us for the costs we incur.
F. Signage. All signage at your Store must comply with our then current specifications, which we may modify and change from time to time due to modifications to the System, including changes to the Trademarks. You must make such changes to the outdoor signage as we require and at your cost.
PRODUCTS AND OPERATIONS STANDARDS AND REQUIREMENTS
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- You must implement and abide by our requirements and recommendations directed to enhancing substantial System uniformity and protecting the goodwill of the Trademarks. The following provisions control with respect to products and operations:
- A. Authorized Menu.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels's 2025 Franchise Disclosure Document, franchisees must adhere to specific facility standards and maintenance protocols to maintain uniformity and goodwill. Bens Soft Pretzels retains the right to establish quality standards for store operations, and franchisees must comply with these standards. This includes maintaining the store facility according to Bens Soft Pretzels's site selection guidelines, which require written consent from Bens Soft Pretzels for the chosen site. The franchisee is responsible for general continued maintenance and refreshing of the store premises whenever necessary.
Bens Soft Pretzels also mandates modernization and replacement of the building, premises, trade dress, equipment, fixtures, and improvements to conform to the standards of new Bens Soft Pretzels stores. Franchisees must also make necessary expenditures for equipment or leasehold improvements to prepare new menu items or products. Compliance with these modernization or replacement requirements is a condition for any transfer of interest in the Franchise Agreement or any renewal agreement.
Failure to maintain or improve the store as required allows Bens Soft Pretzels to effect such improvements or maintenance at the franchisee's expense, in addition to other rights outlined in the agreement. All signage at the store must comply with Bens Soft Pretzels's current specifications, which may change over time, and franchisees are responsible for the costs of these changes. Franchisees must also maintain their premises and conduct store operations in compliance with all applicable laws, regulations, codes, and ordinances, securing and maintaining all required licenses and permits.