Can Bens Soft Pretzels share Customer Information with its affiliates?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
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:
- (i) establish and/or license others to establish franchised or company-owned or affiliate-owned Stores at any location, regardless of the proximity of such stores to your Designated Area;
- (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.
We and our affiliates also have the right to offer, sell or distribute any proprietary items or other products or services associated with the System (now or in the future) or identified by the Trademarks, or any other trademarks, service marks or trade names through any distribution channels or methods, without compensation to any franchisee. The distribution channels or methods ("Alternative Methods of Distribution") include, without limitation, grocery stores, club stores, convenience stores, wholesale, business or industry locations (e.g. manufacturing site, office building), military installations, military commissaries or the Internet (or any other existing or future form of electronic commerce).
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
Based on the 2025 Bens Soft Pretzels Franchise Disclosure Document, it is not explicitly stated whether Bens Soft Pretzels shares customer information with its affiliates. However, the FDD does state that Ben's Soft Pretzels and its affiliates retain all rights not expressly granted to the franchisee. This includes the right to establish franchised, company-owned, or affiliate-owned stores at any location, regardless of proximity to a franchisee's designated area. They can also engage in mergers/acquisitions with any businesses, even those competing with Ben's Soft Pretzels.
Additionally, Ben's Soft Pretzels and its affiliates can sell and distribute menu items through various channels, including grocery stores, club stores, and the internet, without compensating the franchisee. They can also require franchisees to participate in their website or online communications.
Given these broad rights retained by the franchisor and its affiliates, it is possible that customer information could be shared among them. However, since the FDD does not directly address this issue, prospective franchisees should seek clarification from Ben's Soft Pretzels regarding their policies on customer data and whether it is shared with affiliates.