What are the specific pre-opening purchases/leases that a Bens Soft Pretzels franchisee is obligated to make, considering the restrictions on sources outlined in Item 8 and the obligations listed in Item 9?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
DUCTS AND SERVICES**
In order to ensure a uniform image and uniform quality of products and services throughout the BEN'S SOFT PRETZELS system, you must maintain and comply with our quality standards. Although you are not required to purchase or lease real estate from us or our affiliates, we must accept the location of your Store (see Item 11). Further, if you choose to operate in a captive venue location for which we or our affiliates have entered into an arrangement, you will enter into an addendum to your Franchise Agreement in either the form of a sublease or sublicense as applicable, both of which are included as a Schedule to your Franchise Agreement. You must construct and equip your Store in accordance with our then current
approved design, specifications and standards. In addition, it is your responsibility to ensure that your building plans comply with the Americans with Disabilities Act and all other federal, state and local laws.
We reserve the right to designate a primary or single source of supply for certain products and supplies, and we or an affiliate may be that single source. For example, as of the date of this Disclosure Document, you must purchase your loyalty cards, gift cards, starter kit, some flavor toppings and some of the equipment and signage for your Store solely from our affiliate, Live Large Distribution Inc*.* In addition, you must purchase your food, Ben's Soft Pretzels pretzel mix and proprietary goods such as your cups, lids, pretzel sleeves, imported German salt, and take-home kits from Gordon Food Service, Inc. In limited instances when these items are not available from Gordon Food Service, you will purchase such items from Live Large Distribution, Inc. You must participate in our national Pepsi contract and serve Pepsi soft drinks unless your store is inside a designated area for a different soda brand. You must obtain your point of sale hardware and software system and your payments processing system from our approved supplier.
If you intend to operate the Store at a space within a Meijer store for which we have entered into a Master In-Store License, then you must enter into the Sublicense which is attached to your Franchise Agreement as a Schedule. The sublicensor on the Sublicense for a space within a Meijer store is our affiliate, Evan Jones Management Inc.
If you intend to operate the Store at a space within a Walmart store (or within any other store, or at any location) for which we have entered into a Master Lease Agreement, then you must enter into the Sublease which is attached to your Franchise Agreement as a Schedule. The sublessor on the Sublease for a space within a Walmart store is our affiliate, Ben's Soft Pretzels LLC.
Other than the products listed above, you have no other obligation to purchase or lease products, goods, services, supplies, fixtures, equipment, inventory, computer hardware and software, real estate, or comparable items related to establishing or operating the Store from us, our affiliates or designated third parties, currently.
Approved Supplies and Suppliers
We provide you with a list of approved manufacturers, suppliers and distributors ("Approved Suppliers List") and approved inventory products, food products, uniforms, fixtures, furniture, equipment, signs, stationery, supplies and other items or services necessary to operate the Store ("Approved Supplies List"). The Approved Supplies List may identify the specific manufacturer or supplier of a specific product or piece of equipment.
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, franchisees must adhere to specific requirements for pre-opening purchases and leases to ensure uniformity and quality within the franchise system. While franchisees are not obligated to purchase or lease real estate directly from Bens Soft Pretzels or its affiliates, the franchisor retains the right to approve the store's location. If a franchisee chooses a location within a captive venue where Bens Soft Pretzels or its affiliates have an existing arrangement, the franchisee will be required to enter into a sublease or sublicense agreement.
Franchisees are obligated to construct and equip their stores according to the franchisor's approved design, specifications, and standards. They must also ensure that their building plans comply with the Americans with Disabilities Act and all other applicable federal, state, and local laws. Certain products and supplies must be purchased from designated sources. For instance, loyalty cards, gift cards, starter kits, some flavor toppings, and some equipment and signage must be purchased exclusively from Live Large Distribution Inc., an affiliate of Bens Soft Pretzels. Additionally, food items, Ben's Soft Pretzels pretzel mix, proprietary goods like cups, lids, pretzel sleeves, imported German salt, and take-home kits must be sourced from Gordon Food Service, Inc., or, in limited instances when unavailable from Gordon Food Service, from Live Large Distribution, Inc.
Furthermore, franchisees are required to participate in the national Pepsi contract and serve Pepsi soft drinks, unless their store is located within an area designated for a different soda brand. The point of sale hardware and software system, along with the payments processing system, must be obtained from Bens Soft Pretzels' approved supplier. If the store is located within a Meijer store for which Bens Soft Pretzels has a Master In-Store License, the franchisee must enter into a Sublicense with Evan Jones Management Inc., another affiliate of Bens Soft Pretzels. Franchisees are responsible for leasing a site that meets the franchisor's site selection guidelines, and the franchisor's written consent to the site is mandatory. The franchisee may not open their store for business until Bens Soft Pretzels has confirmed in writing that all pre-opening obligations have been met.