For Bens Soft Pretzels, what is the effect of the added language regarding acknowledgments on other terms of documents?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
| This Rider to State Addendum to BEN'S SOFT PRETZELS ® Franchise Disclosure Document and Franchise Agreement is entered into by and between Ben's Soft Pretzels Franchising Corporation, 1119 S. Indiana Avenue, Goshen, Indiana 46526 ("we" or "us") and ("you"). |
|---|
| A. |
| This Rider is being signed because you are a resident of one of the states listed in |
| the heading of this Rider (the "Applicable Franchise Registration State") or a non-resident who is |
| acquiring franchise rights permitting the location of one or more BEN'S SOFT PRETZELS ® |
| businesses in the Applicable Franchise Registration State. |
| B. |
| We and you have contemporaneously herewith entered into a Franchise |
| Agreement (the "Agreement") and wish to amend the Agreement as provided herein. |
| NOW, THEREFORE, for and in consideration of good and valuable consideration, the |
| receipt and sufficiency of which are hereby acknowledged, the Agreement is hereby amended as |
| follows: |
| 1. |
| The following language is hereby added to the end of the Agreement: "No |
| statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection |
| with the commencement of the franchise relationship shall have the effect of (i) waiving any |
| claims under any applicable state franchise law, including fraud in the inducement, or (ii) |
| disclaiming reliance on any statement made by any franchisor, franchise seller, or other person |
| acting on behalf of the franchisor. This provision supersedes any other term of any document |
| executed in connection with the franchise." |
| 2. |
| Except as provided in this Rider, the Agreement remains in full force and effect in |
| accordance with its terms. This Rider shall be effective only to the extent that the jurisdictional |
| requirements of the franchise law of the Applicable Franchise Registration State are met |
| independently without reference to this Rider. |
| YOU: |
| WE: |
| BEN'S SOFT PRETZELS |
| FRANCHISING CORPORATION |
| By |
| By |
| Title |
| Title |
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, a rider is added to the state addendum that affects the enforceability of certain acknowledgments signed by the franchisee. Specifically, for franchisees residing in or planning to operate a Bens Soft Pretzels business in an "Applicable Franchise Registration State", any statement, questionnaire, or acknowledgment signed by the franchisee related to the franchise commencement will not waive claims under applicable state franchise law, including claims of fraud in the inducement.
Furthermore, this added language ensures that franchisees cannot disclaim reliance on statements made by Bens Soft Pretzels, its franchise sellers, or individuals acting on its behalf. This provision is designed to supersede any other conflicting terms within any document executed in connection with the franchise agreement. This means that franchisees retain their rights to pursue claims and rely on representations made by the franchisor, regardless of any acknowledgments they may have signed.
This addition provides an extra layer of protection for franchisees, ensuring that their legal rights and ability to hold Bens Soft Pretzels accountable for their representations are not compromised by standard acknowledgments or waivers. This clause reinforces the franchisee's ability to seek legal recourse if they believe they were misled or defrauded during the franchise sales process, as protected by state franchise laws. This clause is only effective to the extent that the jurisdictional requirements of the franchise law of the Applicable Franchise Registration State are met independently without reference to this Rider.