Can Bens Soft Pretzels modify the 'System'?

According to Bens Soft Pretzels' 2025 Franchise Disclosure Document, Bens Soft Pretzels has the right to modify the 'System' from time to time. The FDD defines the 'System' as the Bens Soft Pretzels System, which includes various elements such as food selection and presentation, recipes, methods, equipment, accessories, color schemes, products, services, operational methods, marketing and advertising programs, management programs, standards, specifications, and proprietary information. All of these elements are subject to change or modification by Bens Soft Pretzels.

This means that a franchisee must be prepared to adapt their business to any changes Bens Soft Pretzels makes to the System. These changes could range from minor adjustments in product presentation to significant overhauls of operational methods or marketing strategies. The franchisee does not have the right to make changes or substitutions to the Trademarks unless directed by Bens Soft Pretzels in writing.

Furthermore, Bens Soft Pretzels can require franchisees to modernize or replace building premises, trade dress, equipment, and fixtures to conform to the standards of new Bens Soft Pretzels stores. Franchisees are also responsible for expenditures necessary to prepare new menu items or products. All signage at the store must comply with Bens Soft Pretzels' current specifications, which may change due to modifications to the System, including changes to the Trademarks. These changes to signage are at the franchisee's cost.

All ideas, concepts, techniques, or materials concerning the Bens Soft Pretzels store are deemed the sole and exclusive property of Bens Soft Pretzels, forming part of the System. Franchisees must adhere to Bens Soft Pretzels' requirements and recommendations to maintain System uniformity and protect the goodwill of the Trademarks. This includes offering only menu items and other food and beverage products that Bens Soft Pretzels designates and approves in writing.