factual

What is the variance threshold on a subsequent audit of a Bens Soft Pretzels franchise that could lead to termination?

Bens_Soft_Pretzels Franchise · 2025 FDD

Answer from 2025 FDD Document

Notwithstanding anything to the contrary contained herein, Franchisor may terminate this Agreement if Franchisee defaults under the Franchise Agreement or any other agreement between Franchisee and Franchisor or its affiliates and such default is non-curable or, if such default is curable, Franchisee fails to cure such default within the applicable cure period.

Source: Item 22 — CONTRACTS (FDD pages 46–47)

What This Means (2025 FDD)

Based on the 2025 Franchise Disclosure Document, the FDD does not specify a particular variance threshold on a subsequent audit that could lead to the termination of a Bens Soft Pretzels franchise. The document does outline general conditions under which the franchise agreement can be terminated.

According to Item 22, the franchisor, Ben's Soft Pretzels Franchising Corporation, may terminate the agreement if the franchisee defaults and fails to cure the default within the specified cure period. The right to operate a Mobile Store is contingent upon compliance with the Franchise Agreement. The franchisor can terminate the agreement if the franchisee defaults under the Franchise Agreement or any other agreement with the franchisor or its affiliates, especially if the default is non-curable or uncured within the applicable period.

Prospective franchisees should carefully review the entire Franchise Agreement, particularly the sections detailing defaults, cure periods, and termination conditions. It is essential to understand what constitutes a default and what steps are required to cure such a default to avoid potential termination. Franchisees should seek clarification from the franchisor regarding specific audit variance thresholds and their potential impact on the franchise agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.