What modernization requirements must a Bens Soft Pretzels franchisee meet to be eligible for renewal?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
notice of your intent to enter into a renewal agreement at least 6 months but not more than 12 months prior to the end of the expiring term; (ii) you sign our then-current form of franchise agreement (modified to reflect that the agreement relates to a renewal agreement), the terms of which may differ from this Agreement, including higher fees; (iii) you have complied with the provisions of subparagraph 5.E regarding modernization and you perform any further items of modernization and/or replacement of the building, premises, trade dress, equipment and grounds as may be necessary for your Store to conform to the standards then applicable to new BEN'S SOFT PRETZELS stores, regardless of the cost of such modernizations and/or replacements; (iv) you are not in default of this Agreement or any other agreement pertaining to the franchise granted, you have not been in default of this Agreement on three or more occasions during the term of this Agreement, regardless of whether any cure has been effectuated, have satisfied all monetary and material obligations on a timely basis during the term, and are in good standing; (v) if leasing the Store premises, you have renewed the lease and have provided written proof of your ability to remain in possession of the premises throughout the renewal period; (vi) you comply with our then-current training requirements; and (vii) you and your owner(s) and guarantors execute a general release of claims in a form we prescribe.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, to be eligible for renewal, a franchisee must comply with modernization and replacement requirements outlined in subparagraph 5.E of the franchise agreement. This includes modernizing and/or replacing the building, premises, trade dress, equipment, fixtures, and improvements to meet the standards of new Bens Soft Pretzels stores. Additionally, franchisees must perform general maintenance and refresh the store premises as needed, as detailed in subparagraph 5.C. They must also make necessary expenditures for equipment or leasehold improvements to prepare new menu items or products.
Compliance with these modernization requirements is a condition for any renewal agreement. The FDD emphasizes that these requirements are reasonable and necessary to ensure continued public acceptance and patronage of Bens Soft Pretzels stores and to prevent deterioration or obsolescence. If a franchisee fails to make required improvements or perform necessary maintenance, Bens Soft Pretzels has the right to make those improvements or perform that maintenance themselves, and the franchisee will be responsible for reimbursing Bens Soft Pretzels for all costs incurred.
In addition to complying with subparagraph 5.E, a franchisee seeking renewal must also meet several other conditions. They must provide notice of their intent to renew at least 6 to 12 months before the term expires, sign the then-current franchise agreement, not be in default of any agreements, have renewed their lease, comply with current training requirements, and execute a general release of claims. Meeting all of these conditions is essential for a Bens Soft Pretzels franchisee to successfully renew their franchise agreement.