How can the Bens Soft Pretzels sublease be modified or amended?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
| This Captive Venue Addendum ("Addendum") dated this day of, , is entered into by and between Ben's Soft Pretzels Franchising Corporation, an Indiana | |
|---|---|
| corporation ("Franchisor") and ("Franchisee"). | |
| WITNESSETH | |
| A. | The parties have entered a Franchise Agreement, dated, 20, relating to the |
| development and operation of a BEN'S SOFT PRETZELS store at the following captive market | |
| location: | |
| (the | |
| "Authorized | |
| Location") | |
| B. | The parties desire to amend the Agreement in accordance with the terms and conditions |
| contained in this Addendum in order to reflect changes to the Agreement to take into | |
| account the captive venue nature of the Authorized Location. | |
| AGREEMENT | |
| Franchisor and Franchisee agree that the Agreement is hereby modified, as follows: | |
| 1. | Rights Granted. Franchisor hereby agrees to grant to Franchisee the right to operate one |
| Store at the Authorized Location. Franchisee acknowledges and agrees that Franchisee | |
| will have no exclusive or protected territory or area of any kind and Franchisee's Store is | |
| be prohibited from selling outside of the Authorized Location. | |
| 2. Commencement Date. The commencement date of operations of the Mobile Store shall | |
| be the date that Franchisor authorizes in writing ("Commencement Date") that the Mobile | |
| Store is ready for operation and Franchisee has satisfied all other requirements that | |
| Franchisor has established in writing. | |
| 3. Additional Changes. Franchisee and Franchisor agree to the following changes, | |
| (including any changes required by the Venue Operating Partner): | |
| a. | |
| b | |
| c. | |
| 4. | |
| Miscellaneous. Unless otherwise stated in this Addendum, all of the terms and conditions |
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels FDD, the standard procedure for modifying the franchise agreement involves an addendum. Specifically, the "Captive Venue Addendum" outlines how the standard Franchise Agreement is modified to account for the unique aspects of operating a Bens Soft Pretzels store within a captive market location.
This addendum serves to amend the original agreement, reflecting changes necessary for the specific venue. These changes can include adjustments required by the Venue Operating Partner. The addendum explicitly states that the franchisee will not have an exclusive or protected territory and is prohibited from selling outside the Authorized Location.
While this addendum provides a framework for modifications related to captive venues, it does not detail the general process for all types of amendments to the sublease agreement. For a comprehensive understanding of how the sublease can be modified under various circumstances, a prospective franchisee should seek clarification from Bens Soft Pretzels regarding the specific procedures and conditions under which amendments can be made.