What is the purpose of the Acknowledgments and Representations section in the Bens Soft Pretzels franchise agreement?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
s 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.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the Acknowledgments and Representations section of the franchise agreement is designed to ensure that the franchisee has carefully considered certain aspects of the franchise relationship and is providing honest responses to specific questions. This section requires prospective franchisees to acknowledge their understanding of key obligations, such as non-compete covenants, and to confirm that all their questions about the franchise have been answered to their satisfaction. Bens Soft Pretzels states that they will rely on the franchisee's answers when signing the franchise agreement.
By signing the Acknowledgment Addendum, the franchisee represents that they have carefully considered each question and responded truthfully. This is a critical step for Bens Soft Pretzels to confirm the franchisee's understanding and acceptance of the terms. The document also clarifies that if the recipient is a corporation, partnership, limited liability company, or other entity, each of its principal owners must execute the acknowledgment.
It's important to note that any representations requiring prospective franchisees to release, waive liability, or be estopped are not intended to act as such if prohibited by applicable law. Additionally, the addendum includes a severability clause, stating that if one or more clauses are held void or unenforceable, the remaining clauses will remain in full effect. This ensures that the agreement remains valid even if certain parts are deemed invalid by a court.