What duties under the Lease does the Subtenant assume as of the date of the Bens Soft Pretzels Sublease?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels' 2025 Franchise Disclosure Document, as of the date of the Sublease, the Subtenant assumes and must perform all conditions and obligations that the Sublessor (Ben's Soft Pretzels LLC) is subject to under the original Lease agreement. This means the franchisee takes on the responsibilities outlined in the original lease as if they were the original tenant. However, all rent and other amounts payable to the Lessor under the Lease must be paid to the Sublessor, in accordance with Section 2.3. The subtenant also agrees to protect the sublessor from any liability related to the lease from that date forward.
This arrangement makes the franchisee directly responsible for fulfilling the lease terms, such as maintaining the property, paying rent to Bens Soft Pretzels LLC, and adhering to specific operational requirements outlined in both the original lease and the sublease agreement. It is critical that a prospective franchisee carefully reviews the original lease document, usually attached as an exhibit, to fully understand the obligations they are assuming. Failure to meet these obligations could result in penalties, eviction, or legal action from the Lessor (original landlord) or Sublessor (Bens Soft Pretzels LLC).
Furthermore, Bens Soft Pretzels retains all rights of the Lessor as described in the Lease, meaning they can enforce the terms of the original lease against the subtenant. This setup provides Bens Soft Pretzels with significant control over the franchisee's operation of the store and ensures compliance with the lease terms. The franchisee's right to quiet enjoyment of the premises is contingent upon their compliance with the Sublease, the Lease, and the Franchise Agreement, meaning any violation of these agreements could jeopardize their business operations.
In addition to the duties under the lease, the franchisee must operate the Bens Soft Pretzels store according to the terms and provisions of the Franchise Agreement. The franchisee is also responsible for obtaining consent for any alterations or improvements to the premises from both the Sublessor and the Lessor, if required by the Lease. Moreover, the franchisee must maintain insurance coverage as specified in the Lease and the Franchise Agreement, naming the Franchisor, Sublessor, and Lessor as additional insured parties. This ensures that all parties are protected against potential liabilities and losses.