Does the Bens Soft Pretzels Sublease allow for oral modifications?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 3.2 Alterations and Improvements. Subtenant shall not make any alterations or improvements to the Premises without the prior written consent of Sublessor and of Lessor, if required, under the Lease. In the event that Sublessor, and if applicable, Lessor does give prior written consent for any alterations or improvements to the Premises, on request of Sublessor or Lessor, if applicable, Subtenant 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.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
Based on the 2025 Bens Soft Pretzels Franchise Disclosure Document, the sublease agreement requires written consent for alterations or improvements to the premises. Specifically, Section 3.2 states that a Subtenant cannot make any changes or improvements to the property without first obtaining written approval from both the Sublessor and the Lessor, if required by the lease.
This stipulation protects Bens Soft Pretzels by ensuring that any modifications align with brand standards and comply with the overarching lease agreement. It also provides the Lessor with oversight, maintaining the integrity and value of the property.
For a prospective franchisee, this means any desired changes to the store's physical space, no matter how minor, must undergo a formal approval process. Failing to obtain written consent could lead to a breach of the sublease, potentially resulting in penalties or even termination of the agreement. Franchisees should factor in the time and potential costs associated with seeking and securing written consent for any planned alterations or improvements to the premises.