What agreement does the Addendum supersede regarding the rights of the Bens Soft Pretzels Franchisor?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
| This Captive Venue Addendum ("Addendum") dated this day of, , is entered into by and between Ben's Soft Pretzels Franchising Corporation, an Indiana | |
|---|---|
| corporation ("Franchisor") and ("Franchisee"). | |
| WITNESSETH | |
| A. | The parties have entered a Franchise Agreement, dated, 20, relating to the |
| development and operation of a BEN'S SOFT PRETZELS store at the following captive market | |
| location: | |
| (the | |
| "Authorized | |
| Location") | |
| B. | The parties desire to amend the Agreement in accordance with the terms and conditions |
| contained in this Addendum in order to reflect changes to the Agreement to take into | |
| account the captive venue nature of the Authorized Location. | |
| AGREEMENT | |
| Franchisor and Franchisee agree that the Agreement is hereby modified, as follows: | |
| 1. | Rights Granted. Franchisor hereby agrees to grant to Franchisee the right to operate one |
| Store at the Authorized Location. Franchisee acknowledges and agrees that Franchisee | |
| will have no exclusive or protected territory or area of any kind and Franchisee's Store is | |
| be prohibited from selling outside of the Authorized Location. | |
| 2. Commencement Date. The commencement date of operations of the Mobile Store shall | |
| be the date that Franchisor authorizes in writing ("Commencement Date") that the Mobile | |
| Store is ready for operation and Franchisee has satisfied all other requirements that | |
| Franchisor has established in writing. |
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels FDD, the Captive Venue Addendum modifies the original Franchise Agreement between the franchisor and franchisee. This modification is specifically designed to account for the unique characteristics of operating a Bens Soft Pretzels store within a captive venue. The addendum alters the rights granted to the franchisee, particularly concerning territorial exclusivity.
Specifically, the addendum stipulates that the franchisee will not have any exclusive or protected territory and is prohibited from selling outside the Authorized Location. This adjustment reflects the understanding that captive venues, such as airports or amusement parks, operate differently from traditional retail locations. The addendum also addresses the commencement date of operations, tying it to the franchisor's written authorization and the franchisee's fulfillment of all established requirements.
In essence, the Captive Venue Addendum tailors the standard Franchise Agreement to the specific circumstances of a Bens Soft Pretzels store operating in a non-traditional location. This ensures that both the franchisor and franchisee have a clear understanding of their rights and obligations within the context of the captive venue environment. Prospective franchisees should carefully review this addendum to understand the limitations and adjustments to the standard franchise terms.