What agreement does the Bens Soft Pretzels Sublicensee enter into with the Franchisor?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 3.1 Use. The Premises shall be used and occupied only for the purpose of operating a Ben's Soft Pretzels store pursuant to the terms and provisions of the Franchise Agreement.
- 3.2 Alterations and Improvements. Sublicensee shall not make any alterations or improvements to the Premises without the prior written consent of Sublicensor and of Lessor, if required, under the License. In the event that Sublicensor, and if applicable, Licensor does give prior written consent for any alterations or improvements to the Premises, on request of Sublicensor or Licensor, if applicable, Sublicensee shall restore the Premises to the same good order and condition in which it was prior to the making of such alterations or improvements, or if not otherwise requested prior to the last day of the Term hereof, on or before said date.
- 3.3 Insurance. Sublicensee will not permit the Premises to be used in any manner which would render the insurance thereon void or the insurance risk more hazardous. Sublicensee shall not use or occupy the Premises, or permit the Premises to be used or occupied, contrary to any statute, rule, order, ordinance, requirement or regulation applicable thereto; or in any manner which would violate any certificate of occupancy affecting the same; or which would cause structural injury to the improvements; or cause the value or usefulness of the Premises, or any part thereof, to diminish; or which would constitute a public or private nuisance or waste. Sublicensee shall keep and maintain in full force and effect throughout the term of the Sublicense and at Sublicensee's sole cost and expense, all insurance in the form and amounts described in the License and the Franchise Agreement, and naming Franchisor, Sublicensor (and to the extent applicable, Licensor) as an additional insured on all of same.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
Based on the 2025 Bens Soft Pretzels Franchise Disclosure Document, a Sublicensee enters into an agreement to use premises solely for operating a Bens Soft Pretzels store, adhering to the terms outlined in the Franchise Agreement. The Sublicensee is prohibited from making alterations or improvements to the premises without prior written consent from both the Sublicensor and the Lessor, if required by the License. Should alterations or improvements be approved, the Sublicensee may be required to restore the premises to its original condition upon request.
The Sublicensee is obligated to maintain insurance coverage as specified in both the License and the Franchise Agreement, naming the Franchisor, Sublicensor, and Licensor (if applicable) as additional insured parties. The Sublicensee must also ensure that the premises are not used in any manner that would void the insurance or increase the insurance risk.
Furthermore, the Sublicensee must comply with all applicable statutes, rules, orders, ordinances, requirements, and regulations, and must not use the premises in a way that causes structural damage, diminishes its value, or creates a public or private nuisance. These stipulations ensure that the Bens Soft Pretzels brand and the physical location maintain standards consistent with the franchise's requirements.