On whom is the Addendum binding regarding a Bens Soft Pretzels franchise?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
on Act, RCW 19.100, and the rules adopted thereunder.
EXHIBIT G
STATE ADDENDA
RIDER TO STATE ADDENDUM TO BEN'S SOFT PRETZELS ®
FRANCHISE DISCLOSURE DOCUMENT AND FRANCHISE AGREEMENT
FOR THE FOLLOWING STATES ONLY: CALIFORNIA, HAWAII, ILLINOIS, INDIANA, MARYLAND, MICHIGAN, MINNESOTA, NEW YORK, NORTH DAKOTA, RHODE ISLAND, SOUTH DAKOTA, VIRGINIA, WASHINGTON, WISCONSIN
| 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 |
Date Date
CALIFORNIA ADDENDUM TO FRANCHISE DISCLOSURE DOCUMENT
The following information applies to franchises and franchisees subject to the California Franchise Investment Act.
- A. The registration of this franchise offering by the California Department of Financial Protection and Innovation does not constitute approval, recommendation, or endorsement by the commissioner.
- B. THE CALIFORNIA FRANCHISE INVESTMENT LAW REQUIRES THAT A COPY OF ALL PROPOSED AGREEMENTS RELATING TO THE SALE OF THE FRANCHISE BE DELIVERED TOGETHER WITH THE DISCLOSURE DOCUMENT.
- C. California Business and Professions Code Sections 20000 through 20043 provide rights to the Franchisee concerning termination, transfer or non-renewal of a franchise. If the franchise agreement contains a provision that is inconsistent with the law, the law will control.
- D.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels FDD, several addenda may be part of the franchise agreement, and each binds specific parties. The Rider to State Addendum is between Bens Soft Pretzels Franchising Corporation and the franchisee, especially if the franchisee is a resident of or is acquiring franchise rights in an Applicable Franchise Registration State. The Mobile Store Program Agreement is between Bens Soft Pretzels Franchising Corporation and the franchisee, granting the right to operate a mobile store under specific terms and conditions. The Captive Venue Addendum is between Bens Soft Pretzels Franchising Corporation and the franchisee for operating a Bens Soft Pretzels store at a captive market location. The 3-Pack Addendum is an addendum to the Bens Soft Pretzels Franchise Agreement.
An Acknowledgment Addendum applies to the Bens Soft Pretzels Franchise Agreement, requiring the franchisee to review and respond honestly to questions, but it does not apply to candidates or businesses located in specific franchise registration states like CA, HI, IL, IN, MD, MI, MN, NY, ND, RI, SD, VA, WA, and WI. The Minnesota Addendum to Franchise Disclosure Document includes additional disclosures and statements related to termination, governing law, and general releases, binding Bens Soft Pretzels to comply with Minnesota law regarding franchise operations.
These addenda modify the standard franchise agreement to account for specific circumstances like mobile stores, locations in certain states, or specific legal requirements. A prospective franchisee should carefully review all addenda applicable to their situation to understand their rights and obligations fully. The franchisee should also note which states' laws and regulations take precedence over certain clauses in the agreement.