Which specific paragraph is deleted from Section 15.B of the Bens Soft Pretzels Franchise Agreement?
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.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the first paragraph of Section 15.B of the Franchise Agreement is deleted for franchises sold in California. This modification is outlined in the Addendum to the Franchise Agreement for the State of California. This addendum serves to ensure compliance with California statutes and regulations.
Section 15 of the Bens Soft Pretzels Franchise Agreement generally covers general provisions such as severability, waiver/integration, and choice of law. Section 15.B specifically addresses waiver and integration, detailing that no waiver by Bens Soft Pretzels of any breach by the franchisee, nor any delay or failure to enforce any provision of the agreement, can be deemed a waiver of any other or subsequent breach. It also states that the agreement, along with all schedules, addenda, and appendices, constitutes the entire agreement between the parties and supersedes any prior negotiations, understandings, representations, and agreements.
For a prospective Bens Soft Pretzels franchisee in California, this means that the standard waiver and integration clauses in Section 15.B of the franchise agreement are altered. The deletion of the third paragraph may affect how waivers and the entire agreement are interpreted and enforced in California, potentially providing additional protections or clarifications for the franchisee under California law. Franchisees should carefully review the California addendum and consult with legal counsel to understand the full implications of this modification.