What responsibility does Bens Soft Pretzels take for services rendered by suppliers they have approved?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
tem. Accordingly, you agree to maintain and comply with our quality standards and agree to the following terms and conditions:
- A. Store Facility; Site Under Control. You are responsible for leasing a site that meets our site selection guidelines. We must consent to the site in writing. You may not use the Store premises for any purpose other than the operation of a BEN'S SOFT PRETZELS Store during the term of this Agreement or any Interim Period. We make no guarantees concerning the success of the Store located on any site to which we consent.
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.
If your Store is located in a leased space other than space where we may have arrangement with retailers as noted below, you and your landlord must sign the Lease Addendum attached as Schedule C. We recommend you submit the Lease Addendum to the landlord at the beginning of
your lease review and negotiation, although the terms of the Lease Addendum may not be negotiated without our prior approval. If the landlord requires us to negotiate the Lease Addendum, we reserve the right to charge you a fee, which will not exceed our actual costs associated with the negotiation. You must provide us a copy of the executed lease and Lease Addendum within 5 days of its execution. We have no responsibility for the lease; it is your sole responsibility to evaluate, negotiate and enter into the lease for the Store premises.
You must execute and provide us an executed copy of your lease (including an executed copy of the Lease Addendum) or the purchase agreement for the selected and approved site for your Store within 180 days from the date of execution of this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Bens Soft Pretzels outlines several stipulations regarding the franchisee's responsibilities and the brand's limited liability. The franchisee is responsible for securing a site that meets Bens Soft Pretzels' site selection guidelines, and Bens Soft Pretzels must provide written consent for the site. However, Bens Soft Pretzels makes no guarantees regarding the success of the store at any approved site. The franchisee is responsible for evaluating, negotiating, and entering into the lease for the store premises. Bens Soft Pretzels bears no responsibility for the lease agreement itself.
Bens Soft Pretzels is not responsible or liable for any pre-opening obligations, losses, or expenses incurred by the franchisee if they fail to comply with pre-opening requirements or fail to open by a specific date. The franchisee is considered an independent business and is solely responsible for the control and management of their store. This includes hiring and discharging employees, as well as setting and paying their wages and benefits. Bens Soft Pretzels has no power, responsibility, or liability in these employment-related matters.
While Bens Soft Pretzels may approve suppliers, the FDD does not explicitly state the extent to which Bens Soft Pretzels is responsible for the services rendered by those suppliers. A prospective franchisee should seek clarification from Bens Soft Pretzels regarding the specific liabilities and responsibilities associated with approved suppliers to fully understand the potential risks and obligations.