What recourse does a Bens Soft Pretzels franchisee have if they disagree with a modification to the menu items?

The 2025 Bens Soft Pretzels Franchise Disclosure Document outlines the franchisee's obligations regarding menu items. Specifically, a franchisee's business must be confined to the preparation and sale of only such Menu Items and other food and beverage products as Bens Soft Pretzels designates and approves in writing from time to time for sale by the Store.

This means that Bens Soft Pretzels has the authority to dictate the menu, and the franchisee is obligated to adhere to these changes. The FDD does not explicitly provide a mechanism for franchisees to formally disagree with or appeal menu modifications. The franchisee agreement stipulates that the franchisee must make any required expenditures for equipment or leasehold improvements necessary to prepare new menu items or products.

Given the lack of a stated recourse, a prospective Bens Soft Pretzels franchisee should directly address this issue with the franchisor during their due diligence. They should inquire about the process for menu changes, the frequency of such changes, and whether there is any mechanism for franchisee input or appeal. Understanding the franchisor's flexibility and willingness to consider franchisee feedback on menu items is crucial before entering into the agreement.