In the Bens Soft Pretzels sublicense agreement, can the agreement be modified orally?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
No waiver by us of any breach by you, nor any delay or failure by us to enforce any provision of this Agreement, may be deemed to be a waiver of any other or subsequent breach or be deemed an estoppel to enforce our rights with respect to that or any other or subsequent breach. Subject to our rights to modify the Schedules and/or standards and as otherwise provided herein, this Agreement may not be waived, altered or rescinded, in whole or in part, except by a writing signed by you and us.
This Agreement together with all schedules, addenda and appendices to this Agreement constitute the entire agreement between the parties and supersede any and all prior negotiations, understandings, representations and agreements. Nothing in this or in any related agreement, however, is intended to disclaim the representations we made in the Franchise Disclosure Document we furnished to you.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the sublicense agreement cannot be waived, altered, or rescinded orally. Any changes to the agreement must be in writing and signed by both the franchisee and Bens Soft Pretzels. This requirement ensures that all modifications are documented and agreed upon by both parties, preventing potential misunderstandings or disputes.
This provision is typical in franchise agreements, as it provides a clear record of any changes made to the original contract. It protects both the franchisee and Bens Soft Pretzels by ensuring that all modifications are formally documented and agreed upon. This clause also states that the Franchise Disclosure Document that Bens Soft Pretzels provided is not disclaimed by anything in the agreement.
Prospective franchisees should be aware of this clause and ensure that any modifications they wish to make to the agreement are put in writing and signed by both parties. This will help to avoid any potential disputes in the future and ensure that both parties are clear on their rights and obligations under the agreement.