After termination of the Bens Soft Pretzels agreement, what must a franchisee do to the appearance of the store?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
Upon the expiration or termination of the Lease, Landlord will cooperate with and assist Franchisor in gaining possession of the Premises and, if the Franchisor Entity does not elect to assume the Lease for the Premises consistent with subparagraphs 3(a) or 4(b) above, Landlord will allow Franchisor to enter the Premises, without being guilty of trespass and without incurring any liability to Landlord except for any damages caused by Franchisor's willful misconduct or gross negligence, to remove all signs and all other items identifying the Premises as a BEN'S SOFT PRETZELS Store and to make such other modifications (such as repainting) as are reasonably necessary to protect the BEN'S SOFT PRETZELS marks and system, and to distinguish the Premises from BEN'S SOFT PRETZELS Stores.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, upon the expiration or termination of the lease, the landlord will cooperate with and assist Bens Soft Pretzels in gaining possession of the premises. If Bens Soft Pretzels does not elect to assume the lease, the landlord will allow Bens Soft Pretzels to enter the premises to remove all signs and other items identifying the premises as a Bens Soft Pretzels store.
Additionally, Bens Soft Pretzels is allowed to make other modifications, such as repainting, as are reasonably necessary to protect the Bens Soft Pretzels marks and system, and to distinguish the premises from Bens Soft Pretzels stores. This ensures that the brand's image is protected even after a franchise location closes.
This clause protects the Bens Soft Pretzels brand and prevents consumer confusion by ensuring that a former franchise location does not continue to appear as if it is still part of the Bens Soft Pretzels system. It also outlines the responsibilities of the landlord in assisting Bens Soft Pretzels with regaining possession of the premises and making necessary modifications.