How can the Bens Soft Pretzels sublicense agreement be modified or amended?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
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to modify the Schedules and/or standards and as otherwise provided herein, this Agreement may not be waived, altered or rescinded, in whole or in part, except by a writing signed by you and us.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 franchise agreement, along with its schedules, addenda, and appendices, constitutes the entire agreement between the parties, superseding any prior negotiations or understandings.
Bens Soft Pretzels retains the right to modify schedules and standards as outlined in the agreement. However, the agreement itself cannot be waived, altered, or rescinded unless both the franchisee and Bens Soft Pretzels provide a signed written agreement. This requirement ensures that any changes to the original contract are formally documented and agreed upon by both parties, providing clarity and legal protection.
This clause is typical in franchise agreements to prevent misunderstandings or disputes based on verbal agreements or informal communications. It provides a clear process for making changes and ensures that both parties are fully aware of any modifications to their contractual obligations. Franchisees should pay close attention to this provision, understanding that any desired changes to the agreement must be formally documented and approved in writing by Bens Soft Pretzels.