What is the dependency between the sublease and the lease for a Bens Soft Pretzels store?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.1 Incorporation of Lease. Each and every provision of the Lease, be and hereby are incorporated herein in their entirety as if fully set forth herein.
- 1.2 Sublease Subject to Lease. This Sublease is subject to the Lease. Subtenant shall look only to Lessor and not to Sublessor for remedies of any breaches in the Lease by Lessor. Sublessor shall have no liability whatever for any breach by Lessor affecting Subtenant.
- 1.3 Subtenant's Assumption of Duties under the Lease. Subtenant agrees that as of the date of this Sublease to assume, be subject to and to perform each and every condition and obligation to be performed by Sublessor under the provisions of the Lease or to which Sublessor is subject thereunder, except that all rent and other amounts payable to Lessor under the Lease shall be paid to Sublessor in accordance with Section 2.3 hereof. Subtenant does further agree to indemnify and save Sublessor, its successors and assigns, harmless from and against any and all liability under or related to the Lease from and after said date.
- 1.4 Sublessor Has Rights of Lessor. It is further agreed, that as to Subtenant, Sublessor shall have all rights of Lessor as described in the Lease and all rights granted to Sublessor herein.
2. DEMISE, TERM AND RENT
- 2.1 Demise of Premises. Sublessor hereby subleases the Premises to Subtenant solely for the purpose of operating a Ben's Soft Pretzels store pursuant to the terms and provisions of the Franchise Agreement and agrees that so long as Subtenant is in compliance with the terms hereof, of the Lease, and of the Franchise Agreement Subtenant shall have the right to quiet enjoyment of the Premises without hinderance or molestation by Sublessor.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels' 2025 Franchise Disclosure Document, the sublease agreement for a franchise location is directly dependent on the original lease. The franchisee (Subtenant) subleases the premises from Ben's Soft Pretzels LLC (Sublessor), who is the lessee under the original lease with the property's Lessor.
The sublease is subject to the terms of the original lease, meaning the franchisee must adhere to all conditions and obligations outlined in the original lease agreement. The franchisee assumes the responsibilities of the sublessor (Ben's Soft Pretzels LLC) under the original lease, except for rent payments, which are made to the sublessor. Ben's Soft Pretzels LLC retains all rights of the Lessor as described in the original lease in relation to the franchisee.
This arrangement means that any issues or breaches in the original lease by the Lessor must be addressed directly with the Lessor, not with Ben's Soft Pretzels LLC. The franchisee is responsible for ensuring the premises are used only for operating a Ben's Soft Pretzels store and must obtain written consent from both the Sublessor and Lessor for any alterations or improvements to the property. Furthermore, the franchisee is required to maintain insurance coverage as specified in both the lease and the franchise agreement, naming the Franchisor, Sublessor, and Lessor as additional insured parties. Failure to comply with the lease terms can result in penalties, including late charges and interest on overdue amounts.