Does Bens Soft Pretzels have the right to enter the premises to conduct inspections at any time?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
You must lease the premises for your location in the form and manner required by us and deliver a copy of the signed lease to us immediately after its signing. You must not sign any lease which has not been approved in writing by us. If your business premises is to be leased, you must submit the lease to us for written approval at least fifteen days before it is scheduled to be executed. If you lease your business premises, the lease must include language contained in the Lease Rider which is attached to your Franchise Agreement as Schedule C. The lease shall give us, our agents or designees the right to enter the premises to conduct inspections at any time during regular business hours, the right to receive notices of default directly from the lessor and the right, but not the duty, to assume the lease for all or any part of the term, if you default under the lease, are evicted or if your Franchise Agreement expires or is terminated.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 23–30)
What This Means (2025 FDD)
According to Bens Soft Pretzels' 2025 Franchise Disclosure Document, Bens Soft Pretzels, its agents, or designees have the right to enter the premises to conduct inspections. This right is granted to them at any time during regular business hours. Additionally, Bens Soft Pretzels has the right to receive notices of default directly from the lessor.
This provision is typically included in franchise agreements to allow the franchisor to ensure that franchisees are adhering to brand standards and operational procedures. It also protects the franchisor's interest in the lease. The franchisee must submit the lease to Bens Soft Pretzels for written approval at least fifteen days before it is scheduled to be executed.
Furthermore, Bens Soft Pretzels has the right, but not the duty, to assume the lease for all or any part of the term if the franchisee defaults under the lease, is evicted, or if the Franchise Agreement expires or is terminated. This clause is included in the Lease Rider, which is attached to the Franchise Agreement as Schedule C. This ensures that Bens Soft Pretzels can maintain control over the location and continue operations if the franchisee is unable to do so.