Who must sign a general release of all claims to transfer a Bens Soft Pretzels franchise?

According to Bens Soft Pretzels' 2025 Franchise Disclosure Document, to transfer a franchise, the franchisee, each owner, and each guarantor must sign a general release of all claims. This release covers any claims arising from or related to the Franchise Agreement, the store, or the business relationship between the parties. The release must be in a form designated by Bens Soft Pretzels.

This requirement means that when a franchisee decides to sell their Bens Soft Pretzels franchise, they, along with anyone who has an ownership stake in the franchise (each Owner) and anyone who has guaranteed the franchisee's obligations (each guarantor), must legally relinquish any rights to sue Bens Soft Pretzels. This is a standard practice in franchising to ensure a clean break and prevent future legal issues related to the previous franchisee's operation of the business.

The implication for a prospective franchisee is that if they plan to sell their franchise in the future, they, their owners, and their guarantors will be required to sign this release. This could have legal ramifications if there are existing disputes or potential claims against Bens Soft Pretzels. It is important for franchisees to understand the scope of this release and seek legal advice if necessary before signing it.

This condition is one of several that Bens Soft Pretzels places on its consent to a transfer. Other conditions include the assignee meeting the current requirements for franchisees, all outstanding amounts owed to Bens Soft Pretzels being paid, and compliance with modernization requirements.