For Bens Soft Pretzels, what does the provision added to the end of the agreement supersede?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, specifically the Virginia Addendum, a provision is added that addresses franchisee rights under the Virginia Retail Franchising Act. This provision supersedes any other term of any document executed in connection with the franchise. This means that any conflicting terms within the franchise agreement or related documents are overridden by the protections afforded to franchisees under Virginia law.
This addendum ensures that franchisees in Virginia cannot waive claims under state franchise law, including claims of fraud in the inducement. It also prevents franchisees from disclaiming reliance on statements made by Bens Soft Pretzels or anyone acting on their behalf. This is a significant protection for franchisees, as it ensures they can pursue legal remedies if they believe they were misled during the franchise sales process.
For a prospective Bens Soft Pretzels franchisee in Virginia, this addendum provides assurance that their rights under the Virginia Retail Franchising Act are protected. It prevents Bens Soft Pretzels from enforcing terms that would undermine those rights, such as waivers of claims or disclaimers of reliance. This addendum promotes fairness and transparency in the franchise relationship, ensuring that franchisees are not unfairly disadvantaged by the terms of the franchise agreement.