Under the Bens Soft Pretzels agreement, can the Schedules and/or standards be modified?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
No waiver by us of any breach by you, nor any delay or failure by us to enforce any provision of this Agreement, may be deemed to be a waiver of any other or subsequent breach or be deemed an estoppel to enforce our rights with respect to that or any other or subsequent breach. Subject to our rights to modify the Schedules and/or standards and as otherwise provided herein, this Agreement may not be waived, altered or rescinded, in whole or in part, except by a writing signed by you and us.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels's 2025 Franchise Disclosure Document, Bens Soft Pretzels retains the right to modify the schedules and standards within the franchise agreement. Specifically, the agreement states that it is "[s]ubject to our rights to modify the Schedules and/or standards and as otherwise provided herein." This means that while the core agreement requires a written amendment signed by both parties to be altered, Bens Soft Pretzels has the explicit right to make changes to schedules and standards without requiring the franchisee's signature.
This clause has significant implications for a prospective franchisee. It grants Bens Soft Pretzels considerable flexibility in adapting the franchise system to changing market conditions or operational needs. For example, Bens Soft Pretzels could alter product specifications, marketing strategies, or technology requirements outlined in the schedules. While such changes are intended to enhance the brand and system, they could also require the franchisee to incur unexpected costs or adapt their business practices quickly.
It is important for a potential Bens Soft Pretzels franchisee to understand the scope and potential impact of these modifications. While the franchise agreement provides a framework for the relationship, the ability of Bens Soft Pretzels to unilaterally change schedules and standards introduces an element of uncertainty. A franchisee should seek clarification from Bens Soft Pretzels regarding the types of changes that might be implemented, the process for communicating these changes, and any potential financial implications for the franchisee. Understanding these aspects can help a franchisee better prepare for and manage the evolving requirements of the Bens Soft Pretzels franchise system.