Who is responsible for the expenses related to relocating a Bens Soft Pretzels Mobile Store?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
You do not have the right to relocate in the event you lose the right to occupy the Store premises because of the cancellation of your lease due to your breach. The termination or cancellation of your lease due to your breach is grounds for immediate termination under subparagraph 13.B.2.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
The 2025 Bens Soft Pretzels Franchise Disclosure Document (FDD) does not explicitly state who is responsible for the expenses if a Bens Soft Pretzels Mobile Store needs to be relocated. However, the FDD does state that the franchisee is responsible for leasing a site that meets the franchisor's site selection guidelines. The franchisor must consent to the site in writing, and the franchisor makes no guarantees concerning the success of the store located on any site to which they consent. This suggests that the franchisee bears the risk and cost associated with site selection.
Additionally, the FDD states that the franchisee does not have the right to relocate if they lose the right to occupy the store premises because of the cancellation of their lease due to their breach. The termination or cancellation of the lease due to the franchisee's breach is grounds for immediate termination of the franchise agreement. This implies that if a relocation is necessary due to the franchisee's actions or lease issues, the franchisee would likely bear the costs.
To fully understand the responsibilities and potential costs associated with relocating a Bens Soft Pretzels Mobile Store, a prospective franchisee should ask the franchisor for clarification on this matter. Specifically, they should inquire about the circumstances under which a relocation might be necessary, who would bear the costs in such situations, and whether there are any support or resources available from Bens Soft Pretzels to assist with the relocation process.