What documents constitute the entire agreement between Bens Soft Pretzels and the franchisee?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement together with all schedules, addenda and appendices to this Agreement constitute the entire agreement between the parties and supersede any and all prior negotiations, understandings, representations and agreements. Nothing in this or in any related agreement, however, is intended to disclaim the representations we made in the Franchise Disclosure Document we furnished to you.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the franchise agreement, along with all schedules, addenda, and appendices, constitutes the entire agreement between Bens Soft Pretzels and the franchisee. This clause also states that it supersedes any prior negotiations, understandings, representations, and agreements.
This means that when a prospective franchisee is considering investing in a Bens Soft Pretzels franchise, they should be aware that only the documents explicitly included in the franchise agreement are legally binding. Any promises or representations made during the negotiation phase that are not written into the agreement are not enforceable.
However, the agreement does state that nothing within it is intended to disclaim the representations made by Bens Soft Pretzels in the Franchise Disclosure Document (FDD). This is an important protection for the franchisee, ensuring that the information provided in the FDD, which is a regulated disclosure document, remains valid and reliable.