What is the definition of 'Owner' in the context of a Bens Soft Pretzels franchise transfer?

According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, an "Owner" is defined as any person or entity who directly or indirectly owns an interest in the franchisee. This definition applies when the franchisee is a corporation, limited liability company, or a similar entity, but not a partnership. If the franchisee operates as a partnership, each general partner is considered an Owner, regardless of their percentage of ownership. If the franchisee consists of one or more individuals, each individual is considered an Owner. The Data Sheet associated with the franchise agreement identifies the specific Owners.

For a prospective Bens Soft Pretzels franchisee, this definition is crucial because it determines who is subject to certain obligations and requirements under the franchise agreement, particularly during a transfer. For instance, during a franchise transfer, each Owner and guarantor must sign a general release of claims. This release covers all claims arising from the franchise agreement, the store, or the business relationship between the parties, releasing Bens Soft Pretzels and its affiliates from any liability.

Furthermore, the franchisee is obligated to update the Data Sheet within 10 days of any change in the persons who are Owners. This ensures that Bens Soft Pretzels always has current information about who holds an interest in the franchise. The agreement specifies that any reference to "Owner" includes all Owners, emphasizing that all individuals or entities meeting the definition are subject to the terms and conditions outlined in the franchise agreement.