Does the table in Item 9 list all of my obligations as a Bens Soft Pretzels franchisee?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
s Disclosure Document.**
| Obligation | Section in Agreement* | Item in Disclosure Document | ||
|---|---|---|---|---|
| a. | Site selection and acquisition/lease | Sections 2A and 5A; Section 4 | Items 7 and 11 | |
| b. | Pre-opening purchases/leases | Sections 5A, 6A-6E | Items 6, 7 and 8 | |
| c. | Site development and other pre-opening requirements | Sections 5A and 5B; Sections 2 and 4 | Items 7, 8 and 11 | |
| d. | Initial and ongoing training | Sections 7B, 7C and 7F; Section 6 | Items 6 and 11 | |
| e. | Opening | Sections 2B and 5A; Section 4 | Item 11 | |
| f. | Fees | Sections 9A-9C; Section 3 | Items 5, 6 and 7 | |
| g. | Compliance with standards and policies/Operations Manual | Sections 6A-6O; Sections 4 and 6A | Items 6, 7, 8, 11, 14 and 16 | |
| h. | Trademarks and proprietary information | Sections 3A-3F and 6J; Section 6B | Items 13 and 14 | |
| i. | Restrictions on products/services offered | Sections 2D and 6A-6C | Items 6, 7, 8, 11, and 16 | |
| j. | Warranty and customer services requirements | Section 6L | Items 6 and 11 | |
| k. | Territorial development and sales quotas | Sections 2A – 2D; Section 4; Schedule A | Item 12 | |
| l. | Ongoing product/service purchases | Sections 6A-6D | Items 6, 7 and 8 | |
| m. | Maintenance, appearance and remodeling requirements | Sections 5C-5F | Items 8 and 11 | |
| n. | Insurance | Section 10C | Items 6, 7 and 8 | |
| o. | Advertising | Sections 8A-8F and 9C | Items 6, 7 and 11 | |
| p. | Indemnification | Section 10B | Not Applicable | |
| q. | Owner’s participation/ management/staffing | Sections 7A-7F; Section 6; Addendum | Items 11 and 15 | |
| r. | Records and reports | Sections 9D, 9G and 9H | Item 11 | |
| Obligation | Section in Agreement* | Item in Disclosure Document | ||
| s. | Inspections and audits | Sections 5A-5C, 6G and 9H | Items 6 and 11 | |
| t. | Transfer | Sections 11A-11G; Section 9 | Items 6 and 17 | |
| u. | Renewal | Section 4B | Items 6 and 17 | |
| v. | Post-termination obligations | Sections 14A-C; Sections 8A-F | Item 17 | |
| w. | Non-competition covenants | Section 10D | Item 17 | |
| x. | Dispute resolution | Section 12; Section 10N | Item 17 | |
| y. | Other | Not Applicable | Not Applicable | * Unless otherwise noted, Section references are to the Franchise Agreement. |
ITEM 10 FINANCING
We do not offer direct or indirect financing.
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 22–23)
What This Means (2025 FDD)
According to Bens Soft Pretzels's 2025 Franchise Disclosure Document, Item 9 provides a table outlining the principal obligations of a franchisee under the franchise and other agreements. This table is intended to help prospective franchisees find more detailed information about their obligations, both within the agreements themselves and in other items of the Disclosure Document. It serves as a roadmap, directing franchisees to specific sections of the Franchise Agreement and relevant items in the FDD for a deeper understanding of each obligation.
The table in Item 9 covers a wide range of obligations, from site selection and pre-opening requirements to ongoing operational duties and post-termination responsibilities. Some key obligations listed include site selection and acquisition/lease, pre-opening purchases/leases, initial and ongoing training, and compliance with standards and policies. Franchisees are also obligated to meet requirements related to trademarks and proprietary information, restrictions on products/services offered, warranty and customer services, and territorial development and sales quotas.
Furthermore, the table addresses obligations related to ongoing product/service purchases, maintenance and remodeling, insurance, advertising, and indemnification. It also highlights the franchisee's responsibilities regarding owner participation/management/staffing, record-keeping and reporting, inspections and audits, and the processes for transfer and renewal of the franchise agreement. Finally, the table includes obligations related to post-termination conduct, non-competition covenants, and dispute resolution. The table also contains a line item for "Other" obligations, but notes that this section is not applicable.
It is important for a prospective Bens Soft Pretzels franchisee to carefully review this table in Item 9 in conjunction with the referenced sections of the Franchise Agreement and other items in the Disclosure Document. This comprehensive approach will ensure a full understanding of all obligations and responsibilities associated with operating a Bens Soft Pretzels franchise. The FDD indicates that Section references are to the Franchise Agreement unless otherwise noted.