Under the Bens Soft Pretzels agreement, when can a franchisee open their store?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- A. Store. We grant to you the right and license to establish and operate a retail Store identified by the BEN'S SOFT PRETZELS Trademarks or such other marks as we may direct (the "Store"), at the location identified on the Data Sheet, which location must be designated within 90 days from the date of this Agreement (the "Authorized Location"). When a location has been designated by you and approved by us, it will become part of this subparagraph 2.A as if originally stated. If a Store is not "under control" within 180 days from the date of this Agreement (as defined in subparagraph 5.A), we may grant you an extension of time to locate a Store or terminate this Agreement. You accept the license and undertake the obligation to operate the Store using the Trademarks and the System in compliance with the terms and conditions of this Agreement.
- B. Opening. You agree that the Store will be open and operating in accordance with the requirements of subparagraph 5.A within 365 days from the date of this Agreement, unless we authorize in writing an extension of time.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, a franchisee must have their store open and operating within 365 days from the date of the Franchise Agreement. However, Bens Soft Pretzels may authorize a written extension of time if needed.
Prior to opening, the franchisee must designate an authorized location for their store within 90 days of the agreement date. If the franchisee does not have the store "under control" (as defined in another section) within 180 days from the date of the agreement, Bens Soft Pretzels may grant an extension to locate a store or terminate the agreement.
In summary, a Bens Soft Pretzels franchisee has a little over a year from the agreement date to open their store, but they must secure a location within the first three to six months. Failure to meet these deadlines could result in losing the franchise.