How can the Bens Soft Pretzels Sublicense agreement be modified?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 3.2 Alterations and Improvements. Sublicensee shall not make any alterations or improvements to the Premises without the prior written consent of Sublicensor and of Lessor, if required, under the License. In the event that Sublicensor, and if applicable, Licensor does give prior written consent for any alterations or improvements to the Premises, on request of Sublicensor or Licensor, if applicable, Sublicensee shall restore the Premises to the same good order and condition in which it was prior to the making of such alterations or improvements, or if not otherwise requested prior to the last day of the Term hereof, on or before said date.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, a Sublicensee cannot make any changes or improvements to the premises without prior written consent from both the Sublicensor and the Lessor, if required by the License. If consent is granted, the Sublicensee may be required to restore the premises to its original condition upon request by the Sublicensor or Licensor, or by the end of the Sublicense term. This ensures that any modifications align with the standards and requirements set by Bens Soft Pretzels and the property owner.
This requirement protects the integrity and uniformity of the Bens Soft Pretzels brand and the physical condition of the leased premises. By mandating written consent, Bens Soft Pretzels maintains control over the appearance and functionality of its stores, ensuring they meet brand standards. Additionally, the restoration clause protects the Lessor's property and ensures that the premises are returned in good condition, preventing disputes and maintaining positive relationships with landlords.
For a prospective franchisee, this means that any desired changes to the store's layout, design, or structure must be pre-approved. This process may involve submitting detailed plans and specifications to both the Sublicensor and the Lessor. While this can add time and complexity to any renovation or improvement project, it also provides a safeguard against unauthorized modifications that could violate the franchise agreement or lease terms. Franchisees should factor in these requirements when planning any store improvements and budget accordingly for potential restoration costs.