Does the Bens Soft Pretzels franchise agreement include a standard addendum to the lease agreement?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
If your Store is located in a leased space other than space where we may have arrangement with retailers as noted below, you and your landlord must sign the Lease Addendum attached as Schedule C. We recommend you submit the Lease Addendum to the landlord at the beginning of
your lease review and negotiation, although the terms of the Lease Addendum may not be negotiated without our prior approval. If the landlord requires us to negotiate the Lease Addendum, we reserve the right to charge you a fee, which will not exceed our actual costs associated with the negotiation. You must provide us a copy of the executed lease and Lease Addendum within 5 days of its execution. We have no responsibility for the lease; it is your sole responsibility to evaluate, negotiate and enter into the lease for the Store premises.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, if a franchisee's store is located in a leased space (other than a space where Bens Soft Pretzels may have an arrangement with retailers), the franchisee and their landlord must sign the Lease Addendum attached as Schedule C. Bens Soft Pretzels recommends that franchisees submit the Lease Addendum to the landlord at the beginning of the lease review and negotiation process. However, the terms of the Lease Addendum may not be negotiated without prior approval from Bens Soft Pretzels.
If the landlord requires Bens Soft Pretzels to negotiate the Lease Addendum, Bens Soft Pretzels reserves the right to charge the franchisee a fee, which will not exceed their actual costs associated with the negotiation. The franchisee must provide Bens Soft Pretzels with a copy of the executed lease and Lease Addendum within 5 days of its execution.
The FDD states that the franchisee has sole responsibility to evaluate, negotiate, and enter into the lease for the store premises. Bens Soft Pretzels has no responsibility for the lease itself.