What is the required method for sending notices to the franchisee under the Bens Soft Pretzels agreement?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- C. Notices. Except as otherwise provided in this Agreement, any notice, demand or communication provided for herein must be in writing and signed by the party serving the same and either delivered personally or by a reputable overnight service or deposited in the United States mail, service or postage prepaid, and if such notice is a notice of default or termination, by registered or certified mail, and addressed as follows:
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- If intended for us, addressed to:
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Ben's Soft Pretzels Franchising Corporation 1119 S. Indiana Avenue Goshen, Indiana 46526
- If intended for you, addressed to you at the address set forth on the Data Sheet or at the Store; or,
in either case, to such other address as may have been designated by written notice to the other party. Notices for purposes of this Agreement will be deemed to have been received if mailed or delivered as provided in this subparagraph.
D. Authority. Any modification, consent, approval, authorization or waiver granted hereunder required to be effective by signature will be valid only if in writing executed by you or, if on behalf of us, in writing executed by our President or one of our authorized Vice Presidents.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, any formal notice, demand, or communication must be in writing and signed by the sender. The notice must be delivered either personally, via a reputable overnight service, or through the United States mail with prepaid service or postage. If the notice pertains to a default or termination, it must be sent via registered or certified mail.
For notices intended for Bens Soft Pretzels Franchising Corporation, the address is 1119 S. Indiana Avenue, Goshen, Indiana 46526. If the notice is for the franchisee, it should be sent to the address listed on the Data Sheet or to the store location, unless another address has been formally designated in writing.
Notices are considered received once they are mailed or delivered as specified. Any modifications, consents, approvals, authorizations, or waivers requiring a signature must be in writing. For the franchisee, the franchisee must execute the document. For Bens Soft Pretzels, the President or an authorized Vice President must execute the document.