Under what circumstances is Bens Soft Pretzels entitled to injunctive relief?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
| likelihood of success at your franchised business? Check one: () Yes () No. If yes, please state in detail the oral, written or visual claim or representation: | |
|---|---|
| Do you understand that that the franchise granted is for the right to operate a Store at the Authorized | |
| Location only, that you receive no protected territory or exclusive area and that we and our affiliates | |
| have the right to issue franchises or operate competing businesses for or at any other location and | |
| through alternative channels of distribution? Check one: () Yes () No. If no, please comment: | |
| Do you understand that the Franchise Agreement and Disclosure Document contain the entire | |
| agreement between you and us concerning the franchise for the Store, meaning that any prior oral or | |
| written statements not set out in the Franchise Agreement or Disclosure Document will not be | |
| binding? Check one: () Yes () No. If no, please comment: | |
| Have you had adequate opportunity to discuss the benefits and risks of operating a BEN'S SOFT | |
| PRETZELS franchise with an attorney, accountant or other professional advisor? Check one: () | |
| Yes () No. If no, please comment. | |
| comment: | Do you understand that there are risks associated with operating a BEN'S SOFT PRETZELS franchise |
| and are you comfortable undertaking those risks? Check one: () Yes () No. If no, please | |
| Have you conducted your own independent investigation of the BEN'S SOFT PRETZELS franchise | |
| and have not relied solely upon any oral or written representation about the franchise made by | |
| Franchisor, including assessing market conditions and investigation the BEN'S SOFT PRETZELS | |
| reputation in your geographic area? Check one: () Yes () No. If no, please comment: | |
| In conducting your independent investigation of the BEN'S SOFT PRETZELS franchise, did you | |
| conduct any analysis of the competition you are likely to face in your geographic area? Check one: | |
| () Yes () No. If no, please comment: | |
| Do you understand that any training, support, guidance or tools we provide to you as part of the | |
| franchise are for the purpose of protecting the | |
| BEN'S SOFT PRETZELS brand and trademarks and to | |
| assist you in the operation of your business and not for the purpose of controlling or in any way | |
| intended to exercise or exert control over your decisions or day-to-day operations of your business, | |
| including your sole responsibility for the hiring, wages, training, supervision and termination of | |
| your employees and all other employment and employee related matters? Check One: () | |
| Yes () No. If no, please comment: | |
- Do you understand that you are bound by the non-compete covenants (both in-term and post-term)
listed in Subparagraph 10.D and that an injunction is an appropriate remedy to protect the interest of the BEN'S SOFT PRETZELS system if you violate the covenant(s)? Further, do you understand
Check one: () Yes () No.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels's 2025 Franchise Disclosure Document, the company is entitled to injunctive relief under specific circumstances related to non-compete covenants and compliance with obligations.
Bens Soft Pretzels can seek an injunction if a franchisee violates the non-compete covenants outlined in Subparagraph 10.D of the franchise agreement. This includes both in-term and post-term non-compete obligations. The term "you" in the non-compete covenants is broadly defined, meaning that actions violating these covenants by anyone holding an interest in the franchisee entity may lead to an injunction, default, and termination of the Franchise Agreement.
Additionally, Bens Soft Pretzels is entitled to injunctive relief or specific performance if a franchisee fails to comply with their pre-opening obligations as detailed in subparagraphs 5.A and 5.B, as well as under subparagraph 12.C. These obligations relate to facility standards, site control, and meeting quality standards to protect the goodwill and uniformity symbolized by the Bens Soft Pretzels trademarks and system.
These stipulations underscore the importance of adhering to both the non-compete agreements and the operational standards set by Bens Soft Pretzels to avoid legal repercussions such as injunctions, which could significantly impact a franchisee's ability to operate their business.