Under what circumstances can a Bens Soft Pretzels franchisee seek treble damages?

According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the standard franchise agreement includes a waiver of exemplary and punitive damages. However, this waiver does not apply to franchisees in North Dakota.

For North Dakota franchisees, the clause in the Franchise Agreement that prevents them from seeking exemplary or punitive damages is considered void and is deleted from both the Disclosure Document and the Franchise Agreement. This means that a Bens Soft Pretzels franchisee in North Dakota is not restricted from seeking such damages, which can include treble damages, in legal disputes with the franchisor.

This addendum ensures that North Dakota franchisees retain all rights available to them under North Dakota state law, regardless of what the standard Bens Soft Pretzels franchise agreement stipulates. Prospective franchisees should consult with a legal professional to fully understand their rights and obligations, especially concerning waivers and limitations outlined in the franchise agreement.