What is 'Merger/Acquisition Activity' in the context of a Bens Soft Pretzels franchise?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
e regardless of where they reside or any other factor. We will not be required to pay you any compensation for any Mobile Stores that conduct business near your Store.
We and our affiliates retain all rights that are not expressly granted to you under this Agreement. Further, we and our affiliates may, among other things, on any terms and conditions we deem advisable, without compensation to any franchisee, and without granting you any rights therein:
- (i) establish and/or license others to establish franchised or company-owned or affiliate-owned Stores at any location, regardless of the proximity of such stores to your Designated Area;
- (ii) merge with, acquire or become associated with ("Merger/Acquisition Activity") any businesses or stores of any kind (including those in competition with BEN'S SOFT PRETZELS)
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels' 2025 Franchise Disclosure Document, 'Merger/Acquisition Activity' refers to the brand's ability to merge with, acquire, or become associated with other businesses or stores. This includes businesses that might compete with Bens Soft Pretzels.
This activity allows Bens Soft Pretzels to expand its reach and market presence by incorporating other business models or brands into its system. These acquired businesses can then be converted to or operate under the Bens Soft Pretzels trademarks. They may also offer similar menu items, products, and services as existing Bens Soft Pretzels stores, and these acquired businesses can be located anywhere.
For a franchisee, this means that Bens Soft Pretzels retains the right to associate with competitors, which could potentially impact the franchisee's market share. The franchisee will not be compensated if Bens Soft Pretzels engages in Merger/Acquisition Activity with businesses near their store. It is important for a prospective franchisee to understand that Bens Soft Pretzels maintains broad rights to expand and evolve its business model without providing compensation or granting additional rights to existing franchisees.