How often will Bens Soft Pretzels evaluate my store premises for maintenance purposes?
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.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
The 2025 Bens Soft Pretzels Franchise Disclosure Document outlines the franchisee's responsibilities for maintaining the store's premises but does not specify how often Bens Soft Pretzels will evaluate the premises for maintenance. The franchisee is responsible for general continued maintenance and refreshing of the store premises whenever necessary. Additionally, franchisees must modernize or replace the building, premises, trade dress, equipment, fixtures, and improvements as required by Bens Soft Pretzels to conform to the standards of new stores.
If a franchisee fails to perform the necessary maintenance or improvements, Bens Soft Pretzels has the right to effect such improvements or maintenance themselves, and the franchisee must reimburse them for the costs incurred. The FDD also states that franchisees must 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.
While the FDD does not explicitly state how often Bens Soft Pretzels will conduct evaluations, it emphasizes the importance of maintaining the store to their standards and protecting the brand's goodwill. A prospective franchisee should inquire directly with the franchisor about the typical frequency and process of store evaluations to fully understand the ongoing maintenance expectations and potential costs.