What are the prohibited actions regarding the use or occupancy of the premises for a Bens Soft Pretzels franchise?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
s, on request of Sublicensor or Licensor, if applicable, Sublicensee shall restore the Premises to the same good order and condition in which it was prior to the making of such alterations or improvements, or if not otherwise requested prior to the last day of the Term hereof, on or before said date.
- 3.3 Insurance. Sublicensee will not permit the Premises to be used in any manner which would render the insurance thereon void or the insurance risk more hazardous. Sublicensee shall not use or occupy the Premises, or permit the Premises to be used or occupied, contrary to any statute, rule, order, ordinance, requirement or regulation applicable thereto; or in any manner which would violate any certificate of occupancy affecting the same; or which would cause structural injury to the improvements; or cause the value or usefulness of the Premises, or any part thereof, to diminish; or which would constitute a public or private nuisance or waste. Sublicensee shall keep and maintain in full force and effect throughout the term of the Sublicense and at Sublicensee's sole cost and expense, all insurance in the form and amounts described in the License and the Franchise Agreement, and naming Franchisor, Sublicensor (and to the extent applicable, Licensor) as an additional insured on all of same.
| 3.4 | Security Deposit. Concurrently with the signing of this Sublicense, | Sublicensee agrees | |||
|---|---|---|---|---|---|
| to pay to Sublicensor as a security deposit on this Sublicense $ |
**4.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 FDD, a Bens Soft Pretzels subtenant or sublicensee is restricted from certain actions regarding the use and occupancy of the premises. The premises must be used only for operating a Ben's Soft Pretzels store, following the Franchise Agreement's terms.
Making alterations or improvements to the premises is not allowed without prior written consent from both the sublessor/sublicensor and the lessor, if required by the lease. If alterations or improvements are approved, the subtenant/sublicensee may be required to restore the premises to its original condition upon request or by the end of the term.
The franchisee must not use the premises in any way that would void the insurance or increase the insurance risk. They are prohibited from using or occupying the premises in violation of any statute, rule, order, ordinance, or regulation, or any certificate of occupancy. Actions that could cause structural damage, diminish the value or usefulness of the premises, or create a public or private nuisance or waste are also prohibited. The franchisee is responsible for maintaining insurance as specified in the License and Franchise Agreement, naming the Franchisor, Sublessor/Sublicensor, and Licensor as additional insured parties.