What is the subject of the agreement between the Sublicensor and Sublicensee regarding the Bens Soft Pretzels franchise?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 2.1 Sublicense of Premises. Sublicensor hereby sublicenses the Premises to Sublicensee solely for the purpose of operating a Ben's Soft Pretzels store pursuant to the terms and provisions of the Franchise Agreement and agrees that so long as Sublicensee is in compliance with the terms hereof, of the License, and of the Franchise Agreement Sublicensee shall have the right to utilize the Premises without hinderance or molestation by Sublicensor.
3. USE, ALTERATIONS, INSURANCE, AND SECURITY DEPOSIT
- 3.1 Use. The Premises shall be used and occupied only for the purpose of operating a Ben's Soft Pretzels store pursuant to the terms and provisions of the Franchise Agreement.
- 3.2 Alterations and Improvements. Sublicensee shall not make any alterations or improvements to the Premises without the prior written consent of Sublicensor and of Lessor, if required, under the License. In the event that Sublicensor, and if applicable, Licensor does give prior written consent for any alterations or improvements to the Premises, on request of Sublicensor or Licensor, if applicable, Sublicensee shall restore the Premises to the same good order and condition in which it was prior to the making of such alterations or improvements, or if not otherwise requested prior to the last day of the Term hereof, on or before said date.
- 3.3 Insurance. Sublicensee will not permit the Premises to be used in any manner which would render the insurance thereon void or the insurance risk more hazardous. Sublicensee shall not use or occupy the Premises, or permit the Premises to be used or occupied, contrary to any statute, rule, order, ordinance, requirement or regulation applicable thereto; or in any manner which would violate any certificate of occupancy affecting the same; or which would cause structural injury to the improvements; or cause the value or usefulness of the Premises, or any part thereof, to diminish; or which would constitute a public or private nuisance or waste. Sublicensee shall keep and maintain in full force and effect throughout the term of the Sublicense and at Sublicensee's sole cost and expense, all insurance in the form and amounts described in the License and the Franchise Agreement, and naming Franchisor, Sublicensor (and to the extent applicable, Licensor) as an additional insured on all of same.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the agreement between the Sublicensor and Sublicensee pertains to the Sublicensee operating a Ben's Soft Pretzels store at a specific location, known as the Premises. The Sublicensor sublicenses this Premises to the Sublicensee for the exclusive purpose of running a Ben's Soft Pretzels store, contingent upon the Sublicensee's adherence to the terms outlined in the Sublicense, the overarching License, and the Franchise Agreement. This arrangement grants the Sublicensee the right to utilize the Premises without interference from the Sublicensor, provided all terms are met. The Sublicensee must use the premises solely for operating a Ben's Soft Pretzels store, as dictated by the Franchise Agreement. Any modifications or improvements to the Premises require prior written consent from both the Sublicensor and the Lessor, if mandated by the License.
The agreement also covers the Sublicensee's responsibilities regarding the condition of the Premises. If alterations or improvements are made with the necessary consent, the Sublicensee may be required to restore the Premises to its original condition upon request by the Sublicensor or Licensor. Furthermore, the Sublicensee is obligated to maintain insurance coverage throughout the term of the Sublicense, ensuring that the insurance remains valid and the risk is not increased. The insurance policy must include Franchisor, Sublicensor, and Licensor (if applicable) as additional insured parties.
The Sublicensee must also adhere to all applicable statutes, rules, orders, ordinances, requirements, and regulations concerning the use and occupancy of the Premises. Activities that could violate the certificate of occupancy, cause structural damage, diminish the value or usefulness of the Premises, or create a public or private nuisance are prohibited. These stipulations ensure that the Ben's Soft Pretzels store operates within legal and safety guidelines, protecting the interests of all parties involved and maintaining the integrity of the brand.