What is the purpose of the Acknowledgment Addendum to the Bens Soft Pretzels Franchise Agreement?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
ACKNOWLEDGMENT ADDENDUM TO BEN'S SOFT PRETZELS FRANCHISE AGREEMENT
THIS ACKNOWLEDGMENT ADDENDUM DOES NOT APPLY TO CANDIDATES LOCATED IN, OR FRANCHISED RESTAURANT BUSINESSES TO BE LOCATED IN, ANY OF THE FOLLOWING FRANCHISE REGISTRATION STATES: CA, HI, IL, IN, MD, MI, MN, NY, ND, RI, SD, VA, WA, WI.
As you know, you and we are entering into a Franchise Agreement for the operation of a BEN'S SOFT PRETZELS franchise. Please review each of the following questions carefully and provide honest responses to each question.
Acknowledgments and Representations.
- Do you understand that you are bound by the non-compete covenants (both in-term and post-term)
listed in Subparagraph 10.D and that an injunction is an appropriate remedy to protect the interest of the BEN'S SOFT PRETZELS system if you violate the covenant(s)? Further, do you understand
Check one: () Yes () No. If no, please comment: that the term "you" for purposes of the non-compete covenants is defined broadly in subparagraph 10.D, such that any actions in violation of the covenants by those holding any interest in the franchisee entity may result in an injunction, default and termination of the Franchise Agreement? 16. satisfaction? Check one: () Yes Have all your questions about the BEN'S SOFT PRETZELS franchise been answered to your () No. If no, please comment: 17. On the receipt pages of your Disclosure Document you identified as the franchise sellers involved in this franchise sales process. Are the franchise sellers identified above the only franchise sellers involved with this transaction? Check one: () Yes () No. If no, please identify any additional franchise sellers involved with this transaction: ANY ANSWER, CONTINUE ON A SEPARATE SHEET AND ATTACH.
YOUR ANSWERS TO THESE QUESTIONS ARE IMPORTANT TO US AND WE WILL RELY ON THEM IN SIGNING THE FRANCHISE AGREEMENT.
BY SIGNING THIS ADDENDUM, YOU ARE REPRESENTING THAT YOU HAVE CONSIDERED EACH QUESTION CAREFULLY AND RESPONDED TRUTHFULLY TO THE ABOVE QUESTIONS.
IF MORE SPACE IS NEEDED FOR NOTE: IF THE RECIPIENT IS A CORPORATION, PARTNERSHIP, LIMITED LIABILITY ACKNOWLEDGMENT. COMPANY OR OTHER ENTITY, EACH OF ITS PRINCIPAL OWNERS MUST EXECUTE THIS
Signed: Signed:
Print Name: Print Name:
Date: APPROVED ON BEHALF OF Ben's Soft Pretzels Franchising Corporation Signed Print Name:
- All representations requiring prospective franchisees to assent to a release, estoppel or waiver of liability are not intended to nor shall they act as a release, estoppel or waiver of any liability incurred under any applicable law that prohibits releases, estoppels or waivers of liability under such law. Should one or more clauses of this Addendum be held void or unenforceable for any reason by any court of competent jurisdiction, such clause or clauses will be deemed to be separable in such jurisdiction and the remainder of this Addendum shall be valid and in full force and effect.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the Acknowledgment Addendum to the franchise agreement serves to confirm that the franchisee has carefully reviewed and truthfully answered specific questions regarding their understanding of the franchise agreement. This addendum is not applicable to candidates or businesses located in California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, or Wisconsin.
The addendum requires the franchisee to acknowledge and represent that they have considered each question carefully and responded truthfully. These questions cover various aspects of the franchise agreement, such as understanding the non-compete covenants and confirming that all questions about the Bens Soft Pretzels franchise have been answered satisfactorily. The franchisor, Bens Soft Pretzels Franchising Corporation, relies on these answers when signing the franchise agreement.
By signing the Acknowledgment Addendum, the franchisee confirms their understanding of key obligations and representations within the franchise agreement. However, the document also clarifies that any representations requiring the franchisee to waive liability are not intended to act as a waiver of liability under any applicable law that prohibits such waivers. This ensures that franchisees retain their legal rights and protections, even while acknowledging their understanding of the franchise terms. If any part of the addendum is deemed unenforceable, the remaining clauses remain valid.