factual

What is the required coverage for business interruption insurance for a Bens Soft Pretzels franchise?

Bens_Soft_Pretzels Franchise · 2025 FDD

Answer from 2025 FDD Document

tion of the policy. The insurance policy or policies must be written in accordance with the standards and specifications (including minimum coverage amounts) set forth in writing by us from time to time, and, at a minimum, must include the following (except as different coverages and policy limits may be specified for all franchisees from time to time in writing): (i) "special" causes of loss coverage forms (sometimes called "All Risk Coverage" or "All Peril Coverage") on the Store, store improvements and all furniture, fixtures, equipment, supplies and other property used in the operation of the Store, for full repair and replacement value, except that an appropriate deductible clause is permitted; (ii) business interruption insurance covering a minimum of 12 months loss of income, including coverage for our Royalty Fees (for example, in the event of a fire or destruction of the premises, the insurance must cover our average royalty payments (based on the previous 12-month timeframe, or if a shorter timeframe, the total operating timeframe for the store) during the rebuilding process); (iii) comprehensive general liability insurance including product liability insurance and contractual liability insurance, with minimum limits of $2,000,000 per occurrence and $2,000,000 to $5,000,000 annual aggregate; (iv) personal and advertising injury insurance with minimum limits of $2,000,000 per occurrence; (v) fire damage coverage in an amount sufficient to cover the replacement costs of the Store equipment, improvements and betterments; (vi) medical expense coverage in the amount of $10,000 to $25,000; (vii) workers' compensation insurance covering all of your employees; (viii) employers liability insurance with contingent liability; (ix) umbrella liability insurance; (x) automobile liability insurance; (xi) "Per Location" aggregate limits when multiple store locations are insured under one comprehensive general liability and umbrella liability policy (cies); (xii) Ben's Soft Pretzels Franchising Corporation and its affiliates are named as additional insureds on all liability policies required by this subparagraph; (xiii) severability of interest and/or separation of insureds provisions must be included in the liability policies and an endorsement is required providing that the franchisee's insurance is primary with respect to any insurance policy carried by Ben's Soft Pretzels Franchising Corporation and its affiliates and any insurance maintained by Ben's Soft Pretzels Franchising Corporation or its affiliates is excess and non-contributing; (xiv) a waiver of subrogation endorsement must be obtained; and (xv) any other such insurance coverages or amounts as required by law or other agreement r

Source: Item 8 — RESTRICTIONS ON SOURCES OF PRODUCTS AND SERVICES (FDD pages 18–22)

What This Means (2025 FDD)

According to Bens Soft Pretzels's 2025 Franchise Disclosure Document, franchisees are required to maintain business interruption insurance. This insurance must cover a minimum of 12 months of lost income. This coverage extends to Bens Soft Pretzels's Royalty Fees, ensuring that in the event of a disruption like a fire or destruction of the premises, the insurance will cover the average royalty payments. The calculation for these payments is based on the previous 12-month timeframe, or if the store has been operating for less than a year, the total operating timeframe is used.

This requirement ensures that both the franchisee and Bens Soft Pretzels are protected financially during unforeseen circumstances that may temporarily halt business operations. By covering royalty fees, the franchisor maintains a revenue stream even when the franchisee's store is not operational. This is a fairly standard practice in franchising, as it protects the franchisor's income and helps ensure the franchisee can recover and rebuild without the added pressure of royalty obligations.

Prospective franchisees should understand that this insurance is a mandatory expense and factor it into their financial planning. It is also important to note that Bens Soft Pretzels may modify the required minimum limits and require additional insurance coverages in the future, so franchisees need to stay informed of any changes to these requirements. Consulting with an insurance professional is advisable to determine if additional coverage beyond the minimum is necessary to adequately protect the franchisee's assets and business interests.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.