Who must provide written consent for a Bens Soft Pretzels subtenant to sub-sublease or assign the sublease?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) At or after the time Franchisor assumes Tenant's interests under the Lease, the Franchisor may, at any time, assign such interests or sublet the Premises to a BEN'S SOFT PRETZELS franchisee. Any such assignment shall be subject to the prior written consent of the Landlord, which Landlord shall not unreasonably withhold as it relates to a creditworthy franchisee who otherwise meets Franchisor's then-current standards and requirements for franchisees and agrees to operate the Store as a BEN'S SOFT PRETZELS Store pursuant to a Franchise Agreement with Franchisor. Upon receipt by Landlord of an assumption agreement pursuant to which the assignee agrees to assume the Lease and to observe the terms, conditions and agreements on the part of Tenant to be performed under the Lease, the Franchisor shall thereupon be released from all liability as tenant under the Lease from and after the date of assignment, without any need of a written acknowledgement of such release by Landlord.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, if Bens Soft Pretzels assumes the tenant's interest in a lease, the company can assign those interests or sublet the premises to another franchisee. However, this assignment is contingent upon receiving prior written consent from the landlord.
The landlord's consent will not be unreasonably withheld if the new franchisee is creditworthy, meets Bens Soft Pretzels' current standards for franchisees, and agrees to operate the store according to a franchise agreement with Bens Soft Pretzels. Once the landlord receives an assumption agreement from the new franchisee, agreeing to adhere to the lease terms, Bens Soft Pretzels is released from any further liability under the lease from the assignment date, without needing written acknowledgment from the landlord.
This condition protects the landlord's interests by ensuring that any new tenant or subtenant is financially stable and capable of fulfilling the lease obligations. For a prospective franchisee, this means that if Bens Soft Pretzels ever subleases the premises to them, the franchisee must meet certain criteria to gain the landlord's approval, which is a standard practice in commercial leasing to maintain property value and ensure consistent rental income.