What is the 'Premises' defined as in the context of the Bens Soft Pretzels Sublicense Agreement?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
2.1 Sublicense of Premises. Sublicensor hereby sublicenses the Premises to Sublicensee solely for the purpose of operating a Ben's Soft Pretzels store pursuant to the terms and provisions of the Franchise Agreement and agrees that so long as Sublicensee is in compliance with the terms hereof, of the License, and of the Franchise Agreement Sublicensee shall have the right to utilize the Premises without hinderance or molestation by Sublicensor.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the "Premises" in the context of the Sublicense Agreement refers to the location sublicensed by the Sublicensor to the Sublicensee. According to the FDD, the premises must be used exclusively for operating a Bens Soft Pretzels store, in accordance with the Franchise Agreement's terms.
This means a franchisee cannot use the location for any other business activities besides running their Bens Soft Pretzels store. The franchisee's right to use the premises is contingent upon their compliance with the Sublicense, the License, and the Franchise Agreement. If the franchisee adheres to these agreements, they are entitled to operate their Bens Soft Pretzels store at the location without interference from the Sublicensor.
The franchisee is also restricted from making alterations or improvements to the premises without obtaining prior written consent from both the Sublicensor and the Lessor (if required by the License). Should alterations or improvements be approved, the franchisee may be required to restore the premises to its original condition upon request, or by the end of the Sublicense term.
Furthermore, the franchisee must not use the premises in any way that would jeopardize the insurance coverage or violate any applicable regulations. They are also responsible for maintaining insurance coverage as specified in the License and the Franchise Agreement, naming the Franchisor, Sublicensor, and Licensor as additional insured parties. These stipulations ensure that the premises are used responsibly and in compliance with all relevant standards and agreements.