What right does the Bens Soft Pretzels Franchise Agreement grant to the Sublicensee?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
h 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: | | 1. | | SUBLICENSE |
- 1.1 Incorporation of License. Each and every provision of the License, be and hereby is incorporated herein in its entirety as if fully set forth herein.
- 1.2 Sublicense Subject to License. This Sublicense is subject to the License. Sublicensee shall look only to Licensor and not to Sublicensor for remedies of any breaches in the License by Licensor. Sublicensor shall have no liability whatever for any breach by Licensor affecting Sublicensee.
- 1.3 Sublicensee's Assumption of Duties under the License. Sublicensee agrees that as of the date of this Sublicense to assume, be subject to and to perform each and every condition and obligation to be performed by Sublicensor under the provisions of the License or to which Sublicensor is subject thereunder, except that all license fees and other amounts payable to Licensor under the License shall be paid to Sublicensor in accordance with Section 2.3 hereof. Sublicensee does further agree to indemnify and save Sublicensor, its successors and assigns, harmless from and against any and all liability under or
related to the License from and after said date.
1.4 Sublicensor Has Rights of Licensor. It is further agreed, that as to Sublicensee, Sublicensor shall have all rights of Licensor as described in the License and all rights granted to Sublicensor herein.
2. SUBLICENSE, TERM AND LICENSE FEE
- 2.1 Sublicense of Premises. Sublicensor hereby sublicenses the Premises to Sublicensee solely for the purpose of operating a Ben's Soft Pretzels store pursuant to the terms and provisions of the Franchise Agreement and agrees that so long as Sublicensee is in compliance with the terms hereof, of the License, and of the Franchise Agreement Sublicensee shall have the right to utilize the Premises without hinderance or molestation by Sublicensor. By execution hereof, Sublicensee accepts the Premises and acknowledges that the location and condition of the Premises is acceptable to Sublicensee and hereby waives any claims or rights against Sublicensor of or related to the condition or location of the Premises.
- 2.2 Term. The term of this Sublicense shall be for the term commencing on the date as provided in the License and ending one day sooner than the ending date as provided in the License, or such earlier date as the License is terminated in accordance with the terms and provisions thereof or this Sublicense is terminated in accordance with the terms and provisions hereof (the "Term").
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the Sublicensor grants the Sublicensee the right to operate a Ben's Soft Pretzels store within a specific premises, provided they adhere to the terms outlined in the Sublicense, the License, and the Franchise Agreement. The Sublicensee is entitled to use the premises without interference from the Sublicensor, as long as they remain compliant with all stipulated terms. This arrangement ensures that the Sublicensee can conduct business operations smoothly, contingent upon fulfilling all contractual obligations.
Furthermore, the Sublicensee assumes all responsibilities and duties that the Sublicensor originally held under the License, with the exception that payments for license fees and other amounts due to the Licensor are to be directed to the Sublicensor. The Sublicensee also agrees to protect the Sublicensor from any liabilities related to the License from the date of the Sublicense onward. This transfer of duties and indemnification clause ensures that the Sublicensee is fully accountable for the operational and financial obligations tied to the franchise.
Additionally, the Sublicensor retains all the rights of the Licensor concerning the Sublicensee, as detailed in both the License and the Sublicense agreement. This provision ensures that the Sublicensor maintains control and oversight over the Sublicensee's operations, consistent with the broader franchise framework. The Sublicensee's use of the premises is explicitly limited to operating a Ben's Soft Pretzels store, and any alterations or improvements to the premises require prior written consent from both the Sublicensor and the Lessor, if required by the License. This restriction helps maintain the uniformity and standards of the Ben's Soft Pretzels brand and protects the physical integrity of the property.