Who are the parties referred to as 'Subtenant' in the Bens Soft Pretzels Sublease agreement?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
-----------------------------------------------------------------|--| | LANDLORD: | By: Print Name: Title: | | | FRANCHISEE: | By: Print Name: | | Title:
BEN'S SOFT PRETZELS® SCHEDULE D(1)
SUBLEASE
| THIS SUBLEASE is made and entered into as of this day of, 20, by and between Ben's Soft Pretzels LLC, an Indiana limited liability company, ("Sublessor"), and and (jointly and severally, and collectively, referred to as "Subtenant"). |
|---|
| W I T N E S S E T H: |
| WHEREAS, Sublessor is the lessee under a certain lease dated, entered into with |
| for |
| approximately |
| square |
| feet |
| located |
| at |
| (the "Premises"), a copy of which is attached hereto as Exhibit |
| A and hereby made a part hereof (the "Lease"); and |
| WHEREAS, Sublessor's affiliate, Ben's Soft Pretzels Franchising Corporation, (as Franchisor) |
| and Subtenant (as Franchisee) have entered into a Ben's Soft Pretzels Franchise Agreement |
| dated for Franchise Number (the "Franchise Agreement") pursuant to which |
| Sublessor's affiliate has granted Subtenant the right to operate a Ben's Soft Pretzels store at the Premises |
| subject to the terms and provisions of the Franchise Agreement; |
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the Subtenant in the Sublease agreement is defined as the franchisee. Specifically, the document states that the Sublessor's affiliate, Ben's Soft Pretzels Franchising Corporation, as the Franchisor, and the Subtenant, as the Franchisee, have entered into a Ben's Soft Pretzels Franchise Agreement. This agreement grants the Subtenant the right to operate a Ben's Soft Pretzels store at the specified premises, subject to the terms outlined in the Franchise Agreement. The Sublessor and Subtenant have mutually agreed to sublease the premises based on the conditions detailed in the sublease agreement.
In simpler terms, if you are signing a sublease agreement as part of becoming a Bens Soft Pretzels franchisee, you, as the franchisee, are considered the 'Subtenant' in that agreement. Ben's Soft Pretzels LLC, the Sublessor, holds the original lease for the property and is subleasing it to you. This arrangement allows you to operate your Bens Soft Pretzels store at the location.
This definition is important because the sublease agreement outlines the rights and responsibilities of both the Sublessor (Bens Soft Pretzels LLC) and the Subtenant (you, the franchisee) regarding the use of the premises. Understanding your role as the Subtenant is crucial for complying with the terms of both the sublease and the franchise agreement.