If the Bens Soft Pretzels franchisee is more than one individual, are they jointly and severally liable?

According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, if the franchisee consists of two or more individuals, they will be held jointly and severally liable under the Franchise Agreement. This means that each individual is fully responsible for all obligations and liabilities arising from the agreement.

In practical terms, this has significant implications for prospective franchisees. If one individual fails to meet their obligations (e.g., payment of fees, adherence to operational standards), the other individual(s) can be held fully accountable for the entire amount or the entirety of the non-compliance. Bens Soft Pretzels can pursue any or all of the individuals to ensure compliance with the agreement.

This clause protects Bens Soft Pretzels by ensuring that there are multiple avenues for recourse in case of a breach of contract. However, it also creates a significant risk for individual franchisees who are part of a multi-person franchise, as they could be held liable for the actions or inactions of their co-franchisees. Therefore, it is crucial for individuals entering into a Bens Soft Pretzels franchise with partners to have a clear understanding of their respective responsibilities and a strong level of trust in each other.