Does Bens Soft Pretzels have the right to make modifications to menu items?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
Your business must be confined to the preparation and sale of only such Menu Items and other food and beverage products as we designate and approve in writing from time to time for sale by your Store.
E. Modernization or Replacement. From time to time as we require, you must modernize and/or replace the building, premises, trade dress, equipment, fixtures and improvements as may be necessary for your Store to conform to the standards for similarly situated new BEN'S SOFT PRETZELS stores. Furthermore, in addition to performing general continued maintenance and refreshing of the Store premises whenever necessary as set forth in subparagraph 5.C, you must make any required expenditures for equipment or leasehold improvements necessary to prepare new menu items or products.
We and our affiliates retain all rights that are not expressly granted to you under this Agreement. Further, we and our affiliates may, among other things, on any terms and conditions we deem advisable, without compensation to any franchisee, and without granting you any rights therein:
- (ii) merge with, acquire or become associated with ("Merger/Acquisition Activity") any businesses or stores of any kind (including those in competition with BEN'S SOFT PRETZELS) under other systems and/or marks, which businesses and stores may convert to or operate under the Trademarks and may offer or sell menu items, products and services that are the same as or similar to the Menu Items offered at or from the Store, and which may be located anywhere; and
- (iii) sell and distribute for ourselves and/or license others to sell and distribute through franchised businesses or any other method of distribution menu items the same as or different from the Menu Items offered under the System, and which are offered and distributed under marks different than the Trademarks.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels's 2025 Franchise Disclosure Document, franchisees must adhere to the menu items that Bens Soft Pretzels designates and approves. Specifically, a franchisee's business must be confined to the preparation and sale of only such Menu Items and other food and beverage products as Bens Soft Pretzels designates and approves in writing from time to time for sale by the franchisee's Store. This means a franchisee cannot deviate from the approved menu without written consent from Bens Soft Pretzels.
This provision ensures uniformity across all Bens Soft Pretzels locations, maintaining brand consistency and customer expectations. It also allows Bens Soft Pretzels to control the quality and types of products sold under its name. For a potential franchisee, this means limited autonomy over menu selection and a requirement to adapt to any menu changes implemented by the franchisor.
The franchisee is required to make expenditures for equipment or leasehold improvements necessary to prepare new menu items or products. This could involve purchasing new equipment or modifying the store layout to accommodate new menu offerings. The franchisee bears the financial responsibility for these changes, which can impact profitability, especially if the new items are not successful. Franchisees should factor in potential costs associated with menu updates when evaluating the franchise opportunity.
Bens Soft Pretzels also retains the right to sell and distribute menu items through other channels under different marks. This includes the right to merge with or acquire other businesses that may offer similar menu items. This clause highlights the franchisor's broad rights to evolve the brand and its offerings, potentially impacting the franchisee's market share and revenue streams. Franchisees should carefully consider these factors and discuss potential competitive impacts with the franchisor before investing.