What right does Bens Soft Pretzels grant to the franchisee regarding the store?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
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- The following provisions control with respect to the license granted hereunder:
- A. Store. We grant to you the right and license to establish and operate a retail Store identified by the BEN'S SOFT PRETZELS Trademarks or such other marks as we may direct (the "Store"), at the location identified on the Data Sheet, which location must be designated within 90 days from the date of this Agreement (the "Authorized Location"). When a location has been designated by you and approved by us, it will become part of this subparagraph 2.A as if originally stated. If a Store is not "under control" within 180 days from the date of this Agreement (as defined in subparagraph 5.A), we may grant you an extension of time to locate a Store or terminate this Agreement. You accept the license and undertake the obligation to operate the Store using the Trademarks and the System in compliance with the terms and conditions of this Agreement.
- B. Opening. You agree that the Store will be open and operating in accordance with the requirements of subparagraph 5.A within 365 days from the date of this Agreement, unless we authorize in writing an extension of time.
- C. Nonexclusivity; Our Reservation of Rights. The license is limited to the right to develop and operate one Store at the Authorized Location only. The license granted to you does not include (i) any right to sell products and Menu Items outside the Store, except for authorized catering and delivery services as noted in subparagraph 2.E, (ii) any right to sell products and Menu Items through any other channels or methods of distribution, including the Internet (or any other existing or future form of electronic commerce), (iii) any right to sell products and Menu Items identified by the Trademarks to any person or entity for resale or further distribution, or (iv) any right to exclude, control or impose conditions on our development of future franchised, company or affiliate owned stores at any time or at any location regardless of the proximity to your Store, including Mobile Stores, which
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, Bens Soft Pretzels grants the franchisee the right and license to establish and operate a retail store identified by the Bens Soft Pretzels trademarks at a specific location. This location, referred to as the "Authorized Location," must be designated within 90 days of the franchise agreement. Once Bens Soft Pretzels approves the location, it becomes part of the agreement.
The franchisee is obligated to operate the store using the Bens Soft Pretzels system and trademarks, adhering to the terms and conditions outlined in the franchise agreement. The store must be open and operating within 365 days from the date of the agreement, unless Bens Soft Pretzels provides a written extension.
The license granted to the franchisee is limited to operating one store at the authorized location. It does not include the right to sell products outside the store (except for authorized catering and delivery), through other distribution channels like the internet, or to sell products for resale. Bens Soft Pretzels retains the right to develop future franchised, company-owned, or affiliate-owned stores at any location, regardless of proximity to the franchisee's store, including mobile stores.