What is the purpose of the 'Recitals' section in the Bens Soft Pretzels Addendum?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
| This Addendum to Lease ("Addendum"), dated, 20, is entered into between | |
|---|---|
| ("Landlord") and ("Tenant"). | |
| RECITALS | |
| The parties have entered into a Lease Agreement, dated, 20 (the "Lease), pertaining | |
| to the premises located at (the "Premises"). | |
| The Landlord acknowledges that Tenant intends to operate a BEN'S SOFT PRETZELS™ store | |
| ("Store") from the Premises pursuant to Tenant's Franchise Agreement with Ben's Soft Pretzels | |
| Franchising Corporation ("Franchisor") dated (the "Franchise Agreement"), | |
| whereby Tenant will utilize the BEN'S SOFT PRETZELS name and the BEN'S SOFT PRETZELS Marks as | |
| Franchisor may designate in the operation of the Store at the Premises. |
| 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. |
RECITALS
- A. We have developed a unique system for a soft pretzel store that features pretzels, pretzel pockets and other food and beverage related products using certain standards and specifications;
- B. Many of the food products are prepared according to specified recipes, methods and procedures;
- C. We own the BEN'S SOFT PRETZELS Trademark and other trademarks used in connection with the operation of a BEN'S SOFT PRETZELS store;
- D. You desire to develop and operate a BEN'S SOFT PRETZELS store; and
- E. We have agreed to grant you a franchise subject to the terms and conditions of this Agreement.
| This Rider to State Addendum to BEN'S SOFT PRETZELS ® Franchise Disclosure Document and Franchise Agreement is entered into by and between Ben's Soft Pretzels Franchising Corporation, 1119 S. Indiana Avenue, Goshen, Indiana 46526 ("we" or "us") and ("you"). |
|---|
| A. |
| This Rider is being signed because you are a resident of one of the states listed in |
| the heading of this Rider (the "Applicable Franchise Registration State") or a non-resident who is |
| acquiring franchise rights permitting the location of one or more BEN'S SOFT PRETZELS ® |
| businesses in the Applicable Franchise Registration State. |
| B. |
| We and you have contemporaneously herewith entered into a Franchise |
| Agreement (the "Agreement") and wish to amend the Agreement as provided herein. |
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the 'Recitals' section in the franchise agreement and addenda serves to provide context and background for the agreement. Specifically, the recitals outline the intentions and understandings of the parties involved.
In the franchise agreement, the recitals section states that Bens Soft Pretzels has developed a unique system for a soft pretzel store, owns the BEN'S SOFT PRETZELS Trademark, and that the franchisee desires to develop and operate a BEN'S SOFT PRETZELS store. This section sets the stage by acknowledging the franchisor's established system and trademarks, as well as the franchisee's desire to join the system. It also indicates that the agreement is based on the mutual understanding and consent of both parties.
In the Lease Addendum, the recitals section acknowledges the existing lease agreement between the landlord and tenant (franchisee), the franchisee's intention to operate a Bens Soft Pretzels store at the premises, and the franchisee's franchise agreement with Bens Soft Pretzels Franchising Corporation. This clarifies the relationship between the lease, the franchise agreement, and the operation of the Bens Soft Pretzels store at the specified location. Similarly, the Captive Venue Addendum uses the 'WITNESSETH' section to state that the parties have entered a Franchise Agreement and wish to amend the Agreement to reflect changes to the Agreement to take into account the captive venue nature of the Authorized Location.
In the State Addendum, the recitals section states that the rider is being signed because the franchisee is a resident of or is acquiring franchise rights in the applicable franchise registration state, and that the parties have entered into a franchise agreement and wish to amend it as provided herein. This clarifies that the addendum is intended to amend the franchise agreement to comply with the franchise laws of the specific state. Overall, the 'Recitals' sections in the Bens Soft Pretzels franchise documents provide essential context and clarify the intent and understanding of all parties involved in the agreements.