On whom is the Bens Soft Pretzels sublease binding and to whose benefit does it inure?
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 the 2025 Bens Soft Pretzels FDD, the sublease agreement is binding between Ben's Soft Pretzels LLC, as the sublessor, and the franchisee, referred to as the subtenant. The sublease outlines the terms and conditions under which the sublessor subleases the premises to the subtenant for operating a Ben's Soft Pretzels store.
The FDD specifies that the franchisee's right to use the trademarks associated with Ben's Soft Pretzels is conditional. The franchisee's use of these trademarks benefits Ben's Soft Pretzels, as the owner of the trademarks. The franchisee must adhere to specific guidelines regarding the use of the trademarks, ensuring they are used appropriately and in accordance with the franchisor's standards.
Furthermore, the sublease agreement includes provisions regarding the franchisee's responsibilities, such as assuming the duties under the original lease and maintaining insurance coverage. The franchisee is also responsible for any alterations or improvements made to the premises, requiring consent from both the sublessor and the original lessor. These stipulations ensure that the franchisee operates the Ben's Soft Pretzels store in compliance with the franchise agreement and protects the interests of both the sublessor and the franchisor.