For Bens Soft Pretzels, what is the good and valuable consideration acknowledged in the Rider?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
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:
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the good and valuable consideration is acknowledged within the Rider to the State Addendum. This Rider is an agreement between Ben's Soft Pretzels Franchising Corporation and the franchisee. The Rider is signed because the franchisee is a resident of a state that requires franchise registration or is a non-resident acquiring franchise rights in such a state. Ben's Soft Pretzels and the franchisee have entered into a Franchise Agreement and are using the Rider to amend that agreement.
The Rider specifically states that it is made "for and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged." This means that both parties agree that something of value is being exchanged, and that this exchange is sufficient to make the agreement binding. The Rider then amends the Franchise Agreement to include a clause protecting the franchisee's rights under state franchise laws, preventing them from waiving claims or disclaiming reliance on franchisor statements.
In essence, the "good and valuable consideration" is the mutual agreement to enter into the franchise relationship, with the Rider serving to clarify and protect the franchisee's rights within that relationship. This type of clause is common in franchise agreements to ensure that both parties understand their obligations and that the agreement is legally sound. Prospective franchisees should carefully review such riders and understand how they modify the original franchise agreement.