Is Bens Soft Pretzels responsible for the lease of the store premises?
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.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels's 2025 Franchise Disclosure Document, the franchisee is responsible for securing the lease for their store premises. Bens Soft Pretzels requires the franchisee to lease a site that meets the franchisor's site selection guidelines, and the franchisor must provide written consent to the site. The franchisee is responsible for evaluating, negotiating, and entering into the lease agreement.
Bens Soft Pretzels does not offer any guarantees regarding the success of the store at the chosen site. The franchisee must also ensure that a Lease Addendum, provided by Bens Soft Pretzels, is signed by both the franchisee and the landlord for leased spaces, excluding spaces where Bens Soft Pretzels has existing arrangements with retailers. The franchisee is advised to submit this addendum early in the lease negotiation process, and any changes to the addendum's terms require the franchisor's prior approval. If the landlord requires Bens Soft Pretzels to negotiate the Lease Addendum, the franchisee may be charged a fee not exceeding the franchisor's actual negotiation costs.
While Bens Soft Pretzels is not responsible for the lease, they do retain certain rights related to the premises. For instance, Bens Soft Pretzels has the right to access the premises to ensure the franchisee's compliance with the Franchise Agreement. Additionally, in the event of lease expiration or termination, Bens Soft Pretzels has the right to enter the premises to remove signage and other items identifying it as a Bens Soft Pretzels store, and to make necessary modifications to protect their trademarks and system. In some instances, Bens Soft Pretzels may elect to assume the lease.