What is the exception to the rule that a release or waiver of rights is void for a Bens Soft Pretzels franchise?

According to the 2025 FDD, there is an exception to the rule that a release or waiver of rights is void for a Ben's Soft Pretzels franchise in North Dakota. Any general release that the franchisee is required to agree to will not act as a release, estoppel, or waiver of any liability Ben's Soft Pretzels Franchising Corporation may have incurred under the North Dakota Franchise Investment Law. This means that while Ben's Soft Pretzels may generally require franchisees to sign releases or waivers, these documents cannot shield the company from liabilities arising from violations of North Dakota's franchise investment laws.

This provision is specific to North Dakota and aims to protect franchisees in that state from unknowingly waiving their rights under the North Dakota Franchise Investment Law. It ensures that franchisees retain their legal recourse against Ben's Soft Pretzels for any violations of the state's franchise regulations, regardless of any general releases they may have signed. This addendum reflects North Dakota's commitment to safeguarding the interests of franchisees operating within its jurisdiction.

For a prospective Ben's Soft Pretzels franchisee in North Dakota, this addendum offers an additional layer of protection. It clarifies that any standard release or waiver included in the franchise agreement does not supersede the protections provided by North Dakota law. This assurance can provide greater confidence to franchisees investing in a Ben's Soft Pretzels franchise in North Dakota, knowing that their rights under state law are preserved.