Does Bens Soft Pretzels have the right to modify the System?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
sed in this Agreement, any reference to Owner includes all Owners.
- E. "Store" means the BEN'S SOFT PRETZELS Store you develop and operate pursuant to this Agreement.
- F. "System" means the BEN'S SOFT PRETZELS System, which consists of distinctive food selection and presentation, unique recipes, methods and procedures, equipment, interior and exterior accessories, color schemes, products, services, method of operation, marketing and advertising programs, management programs, standards, specifications and proprietary information, all of which we may change modify and change from time to time.
- G. "Trademarks" means the BEN'S SOFT PRETZELS Trademark that has been registered in the United States and elsewhere and the trademarks, service marks and trade names set forth on Schedule B, as we may modify and change from time to time, and the trade dress and other commercial symbols used in the Store. Trade dress includes the designs, color schemes and image we authorize you to use in the operation of the Store from time to time.
GRANT OF LICENSE
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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.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels's 2025 Franchise Disclosure Document, Bens Soft Pretzels retains the right to modify the System. The System is defined as the "BEN'S SOFT PRETZELS System, which consists of distinctive food selection and presentation, unique recipes, methods and procedures, equipment, interior and exterior accessories, color schemes, products, services, method of operation, marketing and advertising programs, management programs, standards, specifications and proprietary information." Bens Soft Pretzels "may change modify and change from time to time" the System.
Bens Soft Pretzels also has the right to modify and change the Trademarks. Franchisees are not allowed to make any changes or substitutions to the Trademarks unless Bens Soft Pretzels directs them to do so in writing. Bens Soft Pretzels reserves the right to change or modify the Trademarks, including the BEN'S SOFT PRETZELS Trademark, at any time. Franchisees will be provided with written notice of any changes or modifications to the Trademarks and will have a reasonable amount of time, not to exceed six months, to implement these changes.
Furthermore, franchisees must modernize and/or replace the building, premises, trade dress, equipment, fixtures, and improvements as necessary to conform to the standards for similarly situated new Bens Soft Pretzels stores. All signage at the store must comply with Bens Soft Pretzels's current specifications, which they may modify and change from time to time due to modifications to the System, including changes to the Trademarks. These changes to signage are at the franchisee's cost. Franchisees must also implement and abide by Bens Soft Pretzels's requirements and recommendations directed to enhancing substantial System uniformity and protecting the goodwill of the Trademarks.