What is the purpose of the sublease for a Bens Soft Pretzels store?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | W I T N E S S E T H: | | WHEREAS, Sublessor is the lessee under a certain lease dated, entered into with | | | | for | | approximately | | | | square | | feet | | located | | at | | (the "Premises"), a copy of which is attached hereto as Exhibit | | A and hereby made a part hereof (the "Lease"); and | | WHEREAS, Sublessor's affiliate, Ben's Soft Pretzels Franchising Corporation, (as Franchisor) | | and Subtenant (as Franchisee) have entered into a Ben's Soft Pretzels Franchise Agreement | | dated for Franchise Number (the "Franchise Agreement") pursuant to which | | Sublessor's affiliate has granted Subtenant the right to operate a Ben's Soft Pretzels store at the Premises | | subject to the terms and provisions of the Franchise Agreement; and | | WHEREAS, Sublessor and Subtenant have agreed to sublease the Premises on the terms and | | conditions set forth herein. | | NOW, THEREFORE, in consideration of the premises set forth herein and for other good and | | valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the parties | | hereto do hereby agree as follows: |
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Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels's 2025 Franchise Disclosure Document, the purpose of the sublease is to allow a franchisee (referred to as "Subtenant") to operate a Bens Soft Pretzels store at a specific location (the "Premises"). Bens Soft Pretzels LLC, as the "Sublessor," holds the original lease and is subleasing the property to the franchisee. The sublease ensures the franchisee has the right to operate the store, provided they comply with the terms of the sublease, the original lease, and the Franchise Agreement. The franchisee is granted the right to quiet enjoyment of the premises without interference from Bens Soft Pretzels LLC, as long as they remain in compliance with all agreements.
The franchisee assumes all responsibilities and obligations of Bens Soft Pretzels LLC under the original lease, except for the rent payments, which are made to Bens Soft Pretzels LLC. The franchisee also agrees to protect Bens Soft Pretzels LLC from any liabilities related to the lease from the date of the sublease onward. Bens Soft Pretzels LLC retains all the rights of the lessor (the original landlord) in relation to the franchisee. This arrangement allows Bens Soft Pretzels to maintain control over the locations of its franchises while passing on the operational responsibilities to the franchisee.
The sublease specifies that the premises can only be used for operating a Bens Soft Pretzels store, adhering to the Franchise Agreement's terms. Any alterations or improvements to the property require prior written consent from both Bens Soft Pretzels LLC and the original lessor, if required by the original lease. The franchisee is also responsible for maintaining insurance coverage as outlined in both the lease and the Franchise Agreement, with Bens Soft Pretzels Franchising Corporation, Bens Soft Pretzels LLC, and the lessor (if applicable) named as additional insured parties. This ensures that all parties are protected against potential liabilities and risks associated with the operation of the Bens Soft Pretzels store.