On whom is the Bens Soft Pretzels Sublease binding?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
-----------------------------------------------------------------|--| | LANDLORD: | By: Print Name: Title: | | | FRANCHISEE: | By: Print Name: | | Title:
BEN'S SOFT PRETZELS® SCHEDULE D(1)
SUBLEASE
| THIS SUBLEASE is made and entered into as of this day of, 20, by and between Ben's Soft Pretzels LLC, an Indiana limited liability company, ("Sublessor"), and and (jointly and severally, and collectively, referred to as "Subtenant"). |
|---|
| W I T N E S S E T H: |
| WHEREAS, Sublessor is the lessee under a certain lease dated, entered into with |
| for |
| approximately |
| square |
| feet |
| located |
| at |
| (the "Premises"), a copy of which is attached hereto as Exhibit |
| A and hereby made a part hereof (the "Lease"); and |
| WHEREAS, Sublessor's affiliate, Ben's Soft Pretzels Franchising Corporation, (as Franchisor) |
| and Subtenant (as Franchisee) have entered into a Ben's Soft Pretzels Franchise Agreement |
| dated for Franchise Number (the "Franchise Agreement") pursuant to which |
| Sublessor's affiliate has granted Subtenant the right to operate a Ben's Soft Pretzels store at the Premises |
| subject to the terms and provisions of the Franchise Agreement; and |
| WHEREAS, Sublessor and Subtenant have agreed to sublease the Premises on the terms and |
| conditions set forth herein. |
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Ben's Soft Pretzels' 2025 Franchise Disclosure Document, the Sublease agreement is made between Ben's Soft Pretzels LLC, identified as the Sublessor, and the franchisee, referred to as the Subtenant. This agreement outlines the terms and conditions under which the Sublessor subleases the premises to the Subtenant for operating a Ben's Soft Pretzels store. The Sublease incorporates the original lease agreement, making the Subtenant subject to its provisions.
The Subtenant assumes the duties and obligations of the Sublessor under the original lease, except for rent payments, which are made to the Sublessor. The Subtenant is also responsible for indemnifying the Sublessor against any liabilities related to the lease from the date of the Sublease. Ben's Soft Pretzels LLC, as Sublessor, retains all the rights of the Lessor (original landlord) in relation to the Subtenant.
This arrangement ensures that the franchisee (Subtenant) has the right to operate their Ben's Soft Pretzels store at the specified premises, provided they comply with the terms of the Sublease, the original lease, and the Franchise Agreement. The franchisee acknowledges the acceptability of the premises' condition and location upon signing the Sublease, waiving any future claims against the Sublessor related to these aspects. The Sublease is therefore binding on both Ben's Soft Pretzels LLC as the sublessor, and the franchisee as the subtenant.