Can the Bens Soft Pretzels sublease be modified orally?
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"). |
|---|
| 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)
Based on the 2025 Bens Soft Pretzels Franchise Disclosure Document, there is no information provided that explicitly states whether the sublease can be modified orally. The document includes the sublease agreement's introductory information, outlining the parties involved (Ben's Soft Pretzels LLC as Sublessor and the franchisee as Subtenant) and referencing the primary lease and franchise agreement. However, it does not specify the procedure for modifications or amendments to the sublease agreement.
Item 22 of the FDD discusses various aspects of contracts, including changes to trademarks, modernization requirements, and signage. While it emphasizes the importance of written directives for trademark changes, it does not extend this requirement to modifications of the sublease agreement itself. This absence of specific language either permitting or prohibiting oral modifications creates ambiguity.
Therefore, a prospective Bens Soft Pretzels franchisee should seek clarification from the franchisor regarding the permissibility and enforceability of oral modifications to the sublease agreement. It would be prudent to understand whether any modifications must be in writing to be considered valid and binding. This inquiry will help ensure compliance and avoid potential disputes related to the terms of the sublease during the franchise term.