What section of the Bens Soft Pretzels Franchise Agreement addresses modification of the agreement?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in Agreement | Summary | |
|---|---|---|---|
| o. | Franchisor’s option | Section 14B | Option to purchase some or all equipment, supplies, inventory, |
| to | advertising materials and any items with our logo, for cash at | ||
| purchase | fair market value, exercisable up to 90 days after termination or | ||
| franchisee’s | expiration. If no agreement on fair market value, an appraiser | ||
| business | appointed by us will decide. | ||
| p. | Death or disability of franchisee | Section 11E | You must assign franchise to an approved buyer within 180 days. All transfer provisions of section 8 of the franchise agreement apply. |
| q. | Non-competition | Section 10D | No store or food business which includes the sale of pretzels |
| covenants during | where the sale of pretzels is more than 10% of the overall | ||
| the term of the | revenue of the business, nor an organization franchising a | ||
| franchise | similar business (subject to state law). | ||
| r. | Non-competition covenants after the franchise is terminated or expires | Section 10D | No store or food business which includes the sale of pretzels where the sale of pretzels is more than 10% of the overall revenue of the business for 1 year within 5 miles of your former store location, or within 5 miles of any other BEN’S SOFT PRETZELS store. No organization franchising a similar business for 1 year. No solicitation or acceptance of business from former customers for 1 year (subject to state law). |
| s. | Modification of | Section 15B | Modification by written agreement signed by you and us. The |
| agreement | Operations Manual can be revised and modified by us. |
Source: Item 19 — FINANCIAL PERFORMANCE REPRESENTATIONS (FDD pages 37–42)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, Section 15B of the franchise agreement addresses the modification of the agreement. It specifies that any modifications must be made through a written agreement signed by both the franchisee and Bens Soft Pretzels. However, the Operations Manual can be revised and modified solely by Bens Soft Pretzels.
This means that while the core Franchise Agreement requires mutual consent for changes, Bens Soft Pretzels retains the right to update the Operations Manual, which contains the System Standards. Franchisees must stay informed about revisions to the Operations Manual, as these changes are binding and do not require the franchisee's signature.
This is a fairly standard practice in franchising. Franchisors typically need the flexibility to update their operating procedures to adapt to changing market conditions, improve efficiency, or maintain brand standards. However, franchisees should carefully review the scope of the Operations Manual and understand the potential impact of changes on their business. Franchisees should seek clarification from Bens Soft Pretzels regarding the types of changes that can be made to the Operations Manual and how those changes might affect their operations and profitability.