What must the Bens Soft Pretzels Franchisor do upon taking possession of the premises?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
assignment or assumption of the Lease by Franchisor. Franchisor shall be entitled to recover from Tenant all amounts it pays to Landlord to cure Tenant's defaults under the Lease, including interest and reasonable collection costs.
- (b) Franchisor, upon taking possession of the Premises, shall cure any default specified by Landlord within the timeframes noted herein and shall execute and deliver to Landlord its assumption of Tenant's rights and obligations under the Lease. Franchisor shall pay, perform and be bound by all the duties and obligations of the Lease applicable to Tenant, except that the Franchisor may elect not to assume or be bound by the terms of any Amendment to the Lease executed by Tenant without obtaining Franchisor's prior written approval, which shall not be unreasonably withheld or delayed.
- (c) At or after the time Franchisor assumes Tenant's interests under the Lease, the Franchisor may, at any time, assign such interests or sublet the Premises to a BEN'S SOFT PRETZELS franchisee. Any such assignment shall be subject to the prior written consent of the Landlord, which Landlord shall not unreasonably withhold as it relates to a creditworthy franchisee who otherwise meets Franchisor's then-current standards and requirements for franchisees and agrees to operate the Store as a BEN'S SOFT PRETZELS Store pursuant to a Franchise Agreement with Franchisor. Upon receipt by Landlord of an assumption agreement pursuant to which the assignee agrees to assume the Lease and to observe the terms, conditions and agreements on the part of Tenant to be performed under the Lease, the Franchisor shall thereupon be released from all liability as tenant under the Lease from and after the date of assignment, without any need of a written acknowledgement of such release by Landlord.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, if the Franchisor elects to assume the lease, upon taking possession of the premises, they must address any defaults specified by the landlord within the given timeframes. Additionally, Bens Soft Pretzels must formally agree to assume the tenant's rights and obligations under the lease by executing and delivering the assumption to the landlord.
Bens Soft Pretzels is obligated to fulfill all duties and responsibilities outlined in the lease that apply to the tenant. However, Bens Soft Pretzels has the option to not be bound by any amendments to the lease made by the tenant without the franchisor's prior written approval. This approval will not be unreasonably withheld or delayed.
Furthermore, the Bens Soft Pretzels Franchisor has the right to assign its interests or sublet the premises to another Bens Soft Pretzels franchisee at any time after assuming the tenant's interests under the lease. This assignment is subject to the landlord's prior written consent, which cannot be unreasonably withheld if the assignee is a creditworthy franchisee who meets the franchisor's standards and agrees to operate the store as a Bens Soft Pretzels store under a Franchise Agreement.