factual

In the Bens Soft Pretzels sublicense agreement, how are references to singular and plural numbers interpreted?

Bens_Soft_Pretzels Franchise · 2025 FDD

Answer from 2025 FDD Document

If the franchisee is 2 or more individuals, the individuals are jointly and severally liable, and references to you in this Agreement includes all of the individuals.

Source: Item 22 — CONTRACTS (FDD pages 46–47)

What This Means (2025 FDD)

According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, if the franchisee consists of two or more individuals, they are considered jointly and severally liable. This means that each individual is responsible for the entire obligation, and Bens Soft Pretzels can pursue any one or all of them for the full amount owed or any other obligation under the agreement. The FDD states that any reference to "you" in the agreement includes all of the individuals involved.

This clause has significant implications for prospective franchisees who plan to co-own a Bens Soft Pretzels franchise with partners. Each partner must understand that they are fully responsible for all aspects of the franchise agreement, including financial obligations and operational compliance. If one partner fails to meet their obligations, the other partners are equally liable.

This type of clause is standard in franchise agreements to protect the franchisor. It ensures that Bens Soft Pretzels has recourse to all owners of the franchise, rather than being limited to pursuing only one individual. Prospective franchisees should carefully consider the risks and benefits of entering into a franchise agreement with multiple owners, and they should seek legal advice to fully understand their obligations and liabilities.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.