What rights does Bens Soft Pretzels have regarding the leased premises?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
You select the site for the Store with site selection guidelines we provide. You must obtain our approval of the site location and the lease. We will use our reasonable best efforts to review a site you have selected in order to evaluate and approve the location of your Store within thirty days after you provide us the information about the site. Additional sites are considered until our approval is reached. The factors which we may (but are not required to) consider for our approval include demographic radius characteristics and growth factors in the area, traffic patterns, ease of access, parking, visibility, allowed signage, competition from other businesses providing similar products and services, the proximity to other businesses, the nature of the businesses in proximity to the proposed site, and other commercial characteristics (including rental obligations and other lease terms for the proposed site) and the size, appearance and other physical characteristics of the proposed site location. We recommend that the size of the location be 600 to 2,100 square feet.
We approve or disapprove locations or leases by a written notice which is delivered to you. 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
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's 2025 Franchise Disclosure Document, the franchisor maintains significant rights and control over the leased premises of a franchisee's store. Specifically, Bens Soft Pretzels must approve the site location and the lease agreement before it is signed. The franchisee is required to submit the lease for written approval at least fifteen days before its scheduled execution, and must provide a copy of the fully signed lease to Bens Soft Pretzels immediately after signing. The franchisee must lease the premises in the form and manner required by Bens Soft Pretzels.
The document also states that if the store is located within a Meijer or Walmart store (or any other store/location) where an affiliate of Bens Soft Pretzels has a Master Lease Agreement, the franchisee must enter into a Sublicense or Sublease attached to the Franchise Agreement. Under these agreements, the franchisee is responsible for all payments related to the space and cannot alter or sublet the premises.
Furthermore, the franchisee cannot lease or sublet any part of the business premises or use it for any purpose other than conducting business under the Franchise Agreement without prior written consent from Bens Soft Pretzels. If a franchisee wishes to relocate, they must provide written notice 60 days in advance, and Bens Soft Pretzels reserves the right to disapprove the relocation based on factors such as proximity to other locations, suitability of the facilities, compliance with franchise location requirements, and competitiveness within the marketplace.