Can Bens Soft Pretzels modify or change the 'System'?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- F. "System" means the BEN'S SOFT PRETZELS System, which consists of distinctive food selection and presentation, unique recipes, methods and procedures, equipment, interior and exterior accessories, color schemes, products, services, method of operation, marketing and advertising programs, management programs, standards, specifications and proprietary information, all of which we may change modify and change from time to time.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels' 2025 Franchise Disclosure Document, the franchise agreement defines the "System" as the Bens Soft Pretzels System. This includes distinctive food selection and presentation, unique recipes, methods and procedures, equipment, interior and exterior accessories, color schemes, products, services, method of operation, marketing and advertising programs, management programs, standards, specifications and proprietary information. Bens Soft Pretzels retains the right to change or modify any aspect of the System at any time.
This means that as a franchisee, you must adhere to any changes or modifications Bens Soft Pretzels makes to the System. These changes could affect various aspects of your business, from the menu items you offer to the color schemes of your store. Franchisees are required to implement and abide by the franchisor's requirements and recommendations to enhance system uniformity and protect the goodwill of the Trademarks.
Bens Soft Pretzels also has the right to establish quality standards regarding the business operations of Bens Soft Pretzels stores. Franchisees must maintain and comply with these quality standards to protect the goodwill and uniformity symbolized by the Trademarks and the System. This includes modernizing or replacing the building, premises, trade dress, equipment, fixtures, and improvements as needed to conform to the standards of new Bens Soft Pretzels stores. Additionally, franchisees must make required expenditures for equipment or leasehold improvements necessary to prepare new menu items or products.
All signage at the Store must comply with Bens Soft Pretzels' current specifications, which they may modify and change from time to time due to modifications to the System, including changes to the Trademarks. Franchisees are responsible for making changes to the outdoor signage as required and at their own cost. Bens Soft Pretzels may also require franchisees to participate in their website, intranet, extranet, or other online communications at the franchisee's expense.