Can the Bens Soft Pretzels Sublicense 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to modify the Schedules and/or standards and as otherwise provided herein, this Agreement may not be waived, altered or rescinded, in whole or in part, except by a writing signed by you and us.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels's 2025 Franchise Disclosure Document, the franchise agreement cannot be waived, altered, or rescinded orally. Any modifications must be in writing and signed by both the franchisee and Bens Soft Pretzels. This requirement ensures that all changes to the agreement are documented and agreed upon by both parties, preventing potential misunderstandings or disputes.
This provision is typical in franchise agreements, as it provides clarity and legal certainty. Franchisees should be aware that any verbal agreements or promises made by Bens Soft Pretzels representatives that are not documented in writing are not legally binding. This protects both the franchisee and Bens Soft Pretzels by ensuring that all terms and conditions are clearly defined and agreed upon in a written contract.
Prospective franchisees should carefully review the entire franchise agreement and any related documents before signing. If there are any discrepancies between verbal promises and the written agreement, it is crucial to address them in writing before finalizing the agreement. This will help avoid any future conflicts and ensure that both parties are on the same page regarding their rights and obligations.