What is the purpose of the 'Recitals' section in the Bens Soft Pretzels 3-Pack Addendum?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
to be legally bound hereby has duly executed, sealed and delivered this Agreement the day and year first above written.
BEN'S PRETZELS FRANCHISING SOFT CORPORATION
Captive Venue Addendum
| This Captive Venue Addendum ("Addendum") dated this day of, , is entered into by and between Ben's Soft Pretzels Franchising Corporation, an Indiana | |
|---|---|
| corporation ("Franchisor") and ("Franchisee"). | |
| WITNESSETH | |
| A. | The parties have entered a Franchise Agreement, dated, 20, relating to the |
| development and operation of a BEN'S SOFT PRETZELS store at the following captive market | |
| location: | |
| (the | |
| "Authorized | |
| Location") | |
| B. | The parties desire to amend the Agreement in accordance with the terms and conditions |
| contained in this Addendum in order to reflect changes to the Agreement to take into | |
| account the captive venue nature of the Authorized Location. | |
| AGREEMENT | |
| Franchisor and Franchisee agree that the Agreement is hereby modified, as follows: | |
| 1. | Rights Granted. Franchisor hereby agrees to grant to Franchisee the right to operate one |
| Store at the Authorized Location. Franchisee acknowledges and agrees that Franchisee | |
| will have no exclusive or protected territory or area of any kind and Franchisee's Store is | |
| be prohibited from selling outside of the Authorized Location. | |
| 2. Commencement Date. The commencement date of operations of the Mobile Store shall | |
| be the date that Franchisor authorizes in writing ("Commencement Date") that the Mobile | |
| Store is ready for operation and Franchisee has satisfied all other requirements that | |
| Franchisor has established in writing. | |
| 3. Additional Changes. Franchisee and Franchisor agree to the following changes, | |
| (including any changes required by the Venue Operating Partner): | |
| a. | |
| b | |
| c. | |
| 4. | |
| Miscellaneous. Unless otherwise stated in this Addendum, all of the terms and conditions |
Location.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
Based on the 2025 Bens Soft Pretzels Franchise Disclosure Document, the 'Recitals' section in addenda to the franchise agreement, such as the Captive Venue Addendum, serve to provide context and background for the agreement. Specifically, they outline the existing relationship between Bens Soft Pretzels and the franchisee, and the intent of both parties in entering into the addendum.
For example, in the Captive Venue Addendum, the recitals section (labeled as "WITNESSETH") states that the parties have an existing Franchise Agreement and that they wish to amend the agreement to reflect the unique nature of a captive venue location. This sets the stage for the specific modifications to the original agreement that are detailed in the subsequent sections of the addendum. The recitals confirm that the franchisee will operate a Bens Soft Pretzels store at a specific captive market location and that the addendum is designed to account for the special circumstances of that venue.
Similarly, in the main Franchise Agreement, the recitals section outlines Bens Soft Pretzels' unique system, recipes, trademarks, and the franchisee's desire to operate a store, establishing the foundation for the agreement. These recitals clarify the purpose and scope of the addendum, ensuring that all parties understand the context and their respective intentions. This is a common practice in franchise agreements to ensure clarity and avoid potential misunderstandings or disputes.