What is the maximum fee Bens Soft Pretzels can charge for negotiating the Lease Addendum?
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 Bens Soft Pretzels' 2025 Franchise Disclosure Document, if the landlord requires Bens Soft Pretzels to negotiate the Lease Addendum, Bens Soft Pretzels reserves the right to charge the franchisee a fee. This fee will not exceed the actual costs Bens Soft Pretzels incurs during the negotiation process.
This means that if a landlord is unwilling to sign the standard Lease Addendum and requires Bens Soft Pretzels to step in and negotiate the terms, the franchisee may be responsible for covering Bens Soft Pretzels's expenses. These expenses could include attorney fees, travel costs, and employee time spent on the negotiation.
It is important for a prospective Bens Soft Pretzels franchisee to understand that while Bens Soft Pretzels must approve the lease terms, the franchisee is ultimately responsible for negotiating and entering into the lease. This clause protects Bens Soft Pretzels from incurring excessive costs due to difficult lease negotiations, while potentially adding an unpredictable expense for the franchisee.