How can the Addendum be amended for a Bens Soft Pretzels franchise?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
| This Rider to State Addendum to BEN'S SOFT PRETZELS ® Franchise Disclosure Document and Franchise Agreement is entered into by and between Ben's Soft Pretzels Franchising Corporation, 1119 S. Indiana Avenue, Goshen, Indiana 46526 ("we" or "us") and ("you"). |
|---|
| A. |
| This Rider is being signed because you are a resident of one of the states listed in |
| the heading of this Rider (the "Applicable Franchise Registration State") or a non-resident who is |
| acquiring franchise rights permitting the location of one or more BEN'S SOFT PRETZELS ® |
| businesses in the Applicable Franchise Registration State. |
| B. |
| We and you have contemporaneously herewith entered into a Franchise |
| Agreement (the "Agreement") and wish to amend the Agreement as provided herein. |
| NOW, THEREFORE, for and in consideration of good and valuable consideration, the |
| receipt and sufficiency of which are hereby acknowledged, the Agreement is hereby amended as |
| follows: |
| 1. |
| The following language is hereby added to the end of the Agreement: "No |
| statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection |
| with the commencement of the franchise relationship shall have the effect of (i) waiving any |
| claims under any applicable state franchise law, including fraud in the inducement, or (ii) |
| disclaiming reliance on any statement made by any franchisor, franchise seller, or other person |
| acting on behalf of the franchisor. This provision supersedes any other term of any document |
| executed in connection with the franchise." |
| 2. |
| Except as provided in this Rider, the Agreement remains in full force and effect in |
| accordance with its terms. This Rider shall be effective only to the extent that the jurisdictional |
| requirements of the franchise law of the Applicable Franchise Registration State are met |
| independently without reference to this Rider. |
| YOU: |
| WE: |
| BEN'S SOFT PRETZELS |
| FRANCHISING CORPORATION |
| By |
| By |
| Title |
| Title |
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels FDD, the Addendum to the Franchise Agreement can be amended under specific conditions. Several excerpts from Item 22 of the FDD detail different types of addenda and how they relate to amending the original agreement. For instance, a Rider to State Addendum allows for amendments to ensure compliance with state franchise laws, preventing waivers of claims or disclaimers of reliance on franchisor statements. Similarly, a Mobile Store Addendum modifies the agreement to account for the unique aspects of operating a mobile unit.
Specifically, the FDD mentions that when a franchisee is a resident of a state with franchise registration laws, or is opening a Bens Soft Pretzels location in such a state, a rider is signed to amend the agreement. This amendment adds language ensuring that no statement or acknowledgment from the franchisee waives rights under state franchise law, including claims of fraud. This provision takes precedence over any conflicting terms in other documents related to the franchise.
Furthermore, the Mobile Store Addendum is designed to modify the standard Franchise Agreement to reflect the nature of a captive venue. This addendum grants the franchisee the right to operate at an authorized location, but without any exclusive or protected territory. The addendum also stipulates that the commencement date of operations is contingent on written authorization from Bens Soft Pretzels and the franchisee meeting all established requirements. These changes, including those required by the Venue Operating Partner, are documented within the addendum.
In essence, the Bens Soft Pretzels Franchise Agreement can be amended through various addenda tailored to specific circumstances, such as state-specific regulations or the operation of a mobile store. These addenda serve to modify the original agreement while ensuring compliance and addressing the unique aspects of different franchise types and locations. Franchisees should carefully review any addenda to understand how they alter the terms of the original Franchise Agreement.