Does Bens Soft Pretzels have to provide written consent to the opening date of a Bens Soft Pretzels store?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
You may not open your Store for business until we have notified you in writing that you have satisfied your pre-opening obligations as set forth in subparagraphs 5.A and 5.B and we have consented to your opening date. We are not responsible or liable for any of your pre-opening obligations, losses or expenses you might incur for your failure to comply with these obligations or your failure to open by a particular date. We also are entitled to injunctive relief or specific performance under subparagraph 12.C for your failure to comply with your obligations.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, a franchisee cannot open their store for business until Bens Soft Pretzels provides written notification that the franchisee has satisfied all pre-opening obligations and has consented to the store's opening date. This requirement ensures that all Bens Soft Pretzels locations meet the brand's standards before commencing operations.
This stipulation means a prospective franchisee must complete all required pre-opening tasks to the satisfaction of Bens Soft Pretzels. These tasks likely include site preparation, staff training, and ensuring all equipment and supplies are in place. The franchisee must receive written consent for the opening date, indicating that Bens Soft Pretzels has confirmed that all standards have been met.
The franchisor's consent to the opening date is a crucial step, as it signifies that the franchisee has met all necessary requirements and is ready to represent the Bens Soft Pretzels brand. Failure to comply with pre-opening obligations can delay the store opening and potentially lead to financial losses for the franchisee. Bens Soft Pretzels is not responsible for any losses or expenses incurred if the franchisee fails to meet these obligations or open by a specific date.
Bens Soft Pretzels also retains the right to seek injunctive relief or specific performance if a franchisee fails to comply with their obligations. This underscores the importance of adhering to the franchisor's requirements and timelines to avoid legal repercussions and ensure a smooth store opening process.