Is the Bens Soft Pretzels agreement binding on successors and assigns?

According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the Franchise Agreement is binding upon and benefits the administrators, executors, heirs, successors, and assigns of both parties, subject to the terms outlined in Paragraph 11 of the agreement. This means that if the franchisee or Bens Soft Pretzels undergoes a change in ownership or structure, the agreement remains in effect for the new entity or individuals, provided the conditions of Paragraph 11 are met.

For a prospective Bens Soft Pretzels franchisee, this clause provides a level of assurance that the agreement will continue to be honored even if unforeseen circumstances lead to changes in the business's ownership or management. However, it's crucial to carefully review Paragraph 11 to understand the specific conditions and limitations that apply to such transfers or assignments. This paragraph likely outlines the procedures and requirements for transferring the franchise to another party, including obtaining Bens Soft Pretzels's approval and ensuring that the new franchisee meets certain qualifications.

It is important to note that while the agreement is generally binding on successors and assigns, there may be specific instances or conditions under which this may not be the case. For example, if the franchisee fails to comply with the terms of the agreement or if the transfer is not properly executed, Bens Soft Pretzels may have the right to terminate the agreement. Therefore, franchisees should seek legal counsel to ensure they fully understand their rights and obligations under the agreement, particularly in the event of a potential transfer or assignment.