What is the required action for a Bens Soft Pretzels franchisee regarding operating the store?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
to Privacy Laws, including by adding other similar restrictions that may be required under other state or federal Privacy Laws, and you agree to comply with the same.
L. Compliance with Law; Licenses and Permits. You must at all times maintain your premises and conduct your Store operations in compliance with all applicable laws, regulations, codes and ordinances. You must secure and maintain in force all required licenses, permits and certificates relating to your Store and be prepared to furnish copies upon request.
You acknowledge that you are an independent business and solely responsible for control and management of your Store, including, but not limited to, the hiring and discharging of your employees and setting and paying wages and benefits of your employees. You acknowledge that we have no power, responsibility or liability in respect to the hiring, discharging, setting and paying of wages or related matters.
You must immediately notify us in writing of any claim, litigation or proceeding that arises from or affects the operation or financial condition of your BEN'S SOFT PRETZELS business or Store, including any notices of health code violations or other license violations.
M. Participation in Internet Websites or Other Online Communications. We may require you, at your expense, to participate in our BEN'S SOFT PRETZELS website on the Internet, our intranet system or extranet system or other online communications as we may require. We
have the right to determine the content and use of our website and intranet or extranet system and will establish the rules under which franchisees may or must participate. You may not separately register any domain name containing any of the Trademarks, participate in any website (including any social media platform) that markets goods and services similar to a BEN'S SOFT PRETZELS store, or operate a website or social media site for your Store that does not link to our website and/or that we do not approve. We will provide you with template websites to be used only in accordance with our standards and will list your Store on our primary website. We retain all rights relating to our website and intranet system and may alter or terminate our website, extranet system or intranet system. Your general conduct on our website and intranet and extranet systems or other online communications and specifically your use of the Trademarks or any advertising is subject to the provisions of this Agreement. In particular, you shall not either directly or indirectly create, develop, maintain, and/or use your own website, blog, vlog, social network, or other on-line venue or communication on the Internet using any of the Trademarks, or otherwise use any of the Trademarks on the Internet in any other manner including for search engine advertising purposes without our prior written consent. You acknowledge that certain information related to your participation in our website or intranet system may be considered Confidential Information, including access codes and identification codes. Your right to participate in our website and intranet or extranet system, or otherwise use the Trademarks or System on the Internet or other online communications, will terminate when this Agreement expires or terminates.
- N. System Modifications. You acknowledge and agree that we have the right to modify, add to or rescind any requirement, standard or specification that we prescribe under this Agreement to adapt the System to changing conditions competitive circumstances, business strategies, business practices and technological innovations and other changes as we deem appropriate. You must comply with these modifications, additions or rescissions at your expense, subject to any express limitations set forth in this Agreement.
- O. Suggested Pricing Policies. You generally have the right to establish prices for the Menu Items and other products and services you sell. We may, from time to time, suggest prices for the Menu Items and other products and services you sell. We do, however, have the right to modify the Menu Items or System to give us the right to establish prices, both minimum and maximum, subject to applicable law.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, franchisees must maintain their premises and conduct store operations in compliance with all applicable laws, regulations, codes, and ordinances. This includes securing and maintaining all required licenses, permits, and certificates related to the store, and providing copies of these documents upon request. Franchisees are responsible for the control and management of their store, including hiring, discharging, and setting wages and benefits for their employees, for which Bens Soft Pretzels has no responsibility or liability.
Franchisees must also adhere to Bens Soft Pretzels's standards and requirements to maintain uniformity and protect the goodwill of the Trademarks. This includes confining the business to the preparation and sale of only approved menu items and other food and beverage products designated in writing by Bens Soft Pretzels. Franchisees are required to modernize or replace the building, premises, trade dress, equipment, fixtures, and improvements as needed to conform to the standards of new Bens Soft Pretzels stores. They must also make necessary expenditures for equipment or leasehold improvements to prepare new menu items or products.
Additionally, franchisees may be required to participate in Bens Soft Pretzels's website, intranet, or extranet system, and must use template websites provided by the company. Franchisees cannot register domain names containing any of the Trademarks or operate a website or social media site for their store that does not link to the company's website or is not approved by Bens Soft Pretzels. They must also notify Bens Soft Pretzels in writing of any claim, litigation, or proceeding that affects the operation or financial condition of their business, including notices of health code violations or other license violations. All signage at the store must comply with Bens Soft Pretzels's current specifications, and franchisees must make changes to outdoor signage as required at their own cost.