Does the Bens Soft Pretzels Sublease define the term 'Subtenant'?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
| 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"). |
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| 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. |
| NOW, THEREFORE, in consideration of the premises set forth herein and for other good and |
| valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the parties |
| hereto do hereby agree as follows: |
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the Sublease agreement does define the term 'Subtenant'. The Sublease agreement states that it is made between Ben's Soft Pretzels LLC, referred to as "Sublessor", and the franchisee, who is referred to as "Subtenant". This clearly identifies the franchisee as the 'Subtenant' within the context of the Sublease agreement.
This definition is important for prospective franchisees as it clarifies their role and responsibilities within the sublease agreement. As the 'Subtenant', the franchisee is subject to the terms and conditions outlined in the sublease, including obligations related to rent, use of the premises, and compliance with the original lease agreement. Understanding this definition helps franchisees comprehend their legal standing and obligations concerning the leased property.
Furthermore, the Sublease outlines that the Subtenant (franchisee) and Sublessor (Ben's Soft Pretzels LLC) agree to sublease the premises based on the conditions outlined in the agreement. This agreement is contingent upon the franchisee's compliance with the terms of the Sublease, the Lease, and the Franchise Agreement, ensuring they have the right to operate their Ben's Soft Pretzels store without interference from the Sublessor.