Are the section headings in the Bens Soft Pretzels Sublicense agreement considered part of the agreement?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 6.8 Section Headings. Article and section headings used in this Agreement are for convenience of reference only and are not part of this Agreement for any other purpose and shall not be used or referred to in interpreting any provision hereof.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the section headings used in the Sublicense Agreement are for reference only and are not considered part of the agreement. This means that when interpreting the Sublicense Agreement, the headings of the sections should not be taken into account.
This clause ensures that the actual content of each section, rather than its title, dictates the obligations and rights of both the sublicensor and sublicensee. Franchisees should focus on the specific wording within each section to understand their responsibilities and entitlements under the agreement.
This type of clause is relatively standard in franchise agreements to avoid disputes over interpretation based on potentially ambiguous or overly broad headings. Prospective Bens Soft Pretzels franchisees should carefully review the entire Sublicense Agreement, focusing on the substance of each provision, and consult with legal counsel to fully understand their contractual obligations.