For Bens Soft Pretzels, what is the name of the California law that applies to franchises?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
ADDENDUM TO FRANCHISE AGREEMENT FOR THE STATE OF CALIFORNIA
This addendum pertains to franchises sold in the state of California and is for the purpose of complying with California statutes and regulations. Notwithstanding anything that may be contained in the body of the agreement to the contrary, the agreement is amended as follows:
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- In Section 15.B of the Franchise Agreement, the third paragraph is deleted.
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- No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
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- In all other respects, the Franchise Agreement will be construed and enforced according to its terms.
Each of the undersigned hereby acknowledges having read and understood this addendum and consents to be bound by all of its terms.
FRANCHISOR: Ben's Soft Pretzels Franchising Corporation FRANCHISEE:
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 FDD, Ben's Soft Pretzels includes an addendum to the franchise agreement specifically for the state of California, indicating an effort to comply with California statutes and regulations. This addendum modifies certain aspects of the standard franchise agreement to align with California law.
Specifically, the addendum states that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under any applicable state franchise law, including claims related to fraud in the inducement. It also prevents franchisees from disclaiming reliance on statements made by Ben's Soft Pretzels or its representatives. This provision is designed to protect franchisees' rights under California law.
The addendum also notes that in all other respects, the Franchise Agreement will be construed and enforced according to its terms. This means that while certain provisions are modified to comply with California law, the rest of the agreement remains in effect. The document does not explicitly name the specific California statutes and regulations, but it references the intent to comply with them.