For Bens Soft Pretzels, what is the scope of the California Addendum?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
ADDENDUM TO FRANCHISE AGREEMENT FOR THE STATE OF CALIFORNIA
This addendum pertains to franchises sold in the state of California and is for the purpose of complying with California statutes and regulations. Notwithstanding anything that may be contained in the body of the agreement to the contrary, the agreement is amended as follows:
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- In Section 15.B of the Franchise Agreement, the third paragraph is deleted.
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- No statement, questionnaire, or acknowledgment signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
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- In all other respects, the Franchise Agreement will be construed and enforced according to its terms.
Each of the undersigned hereby acknowledges having read and understood this addendum and consents to be bound by all of its terms.
FRANCHISOR: Ben's Soft Pretzels Franchising Corporation FRANCHISEE:
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the California Addendum is specifically designed for franchises operating within California to ensure compliance with state statutes and regulations. The addendum modifies the franchise agreement to align with California law.
Specifically, the addendum addresses the deletion of the third paragraph in Section 15.B of the Franchise Agreement. It also ensures that no statement, questionnaire, or acknowledgment signed by a franchisee can waive claims under California franchise law, including those related to fraud in the inducement, or disclaim reliance on statements made by the franchisor or its representatives. This provision takes precedence over any conflicting terms in other documents related to the franchise agreement.
In essence, the California Addendum serves to protect the rights of franchisees in California by preventing them from inadvertently waiving legal protections afforded by state franchise laws. It reinforces that the franchise agreement must be interpreted and enforced in accordance with its terms, as amended by the addendum, to comply with California's specific legal requirements.