Who must sign the written waiver or alteration for the Bens Soft Pretzels agreement to be valid?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
, may be deemed to be a waiver of any other or subsequent breach or be deemed an estoppel to enforce our rights with respect to that or any other or subsequent breach. Subject to our rights to modify the Schedules and/or standards and as otherwise provided herein, this Agreement may not be waived, altered or rescinded, in whole or in part, except by a writing signed by you and us.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, any alterations or waivers to the franchise agreement must be in writing to be valid. For the franchisee, "you", to make a valid alteration, waiver, or rescission, the franchisee must sign the written agreement. For Bens Soft Pretzels to make a valid alteration, waiver, or rescission, the document must be executed by their President or one of their authorized Vice Presidents.
This requirement ensures that both the franchisee and Bens Soft Pretzels are protected from potential misunderstandings or disputes regarding changes to the agreement. By requiring written documentation and signatures from authorized individuals, the agreement provides a clear and verifiable record of any modifications made.
This is a fairly standard clause in franchise agreements. It is important for a prospective Bens Soft Pretzels franchisee to understand that verbal agreements or understandings will not be considered valid unless they are formalized in writing and signed by the appropriate parties.