Can a Bens Soft Pretzels sub-licensee sub-sublicense the premises without written consent?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.1 Incorporation of License. Each and every provision of the License, be and hereby is incorporated herein in its entirety as if fully set forth herein.
- 1.2 Sublicense Subject to License. This Sublicense is subject to the License. Sublicensee shall look only to Licensor and not to Sublicensor for remedies of any breaches in the License by Licensor. Sublicensor shall have no liability whatever for any breach by Licensor affecting Sublicensee.
- 1.3 Sublicensee's Assumption of Duties under the License. Sublicensee agrees that as of the date of this Sublicense to assume, be subject to and to perform each and every condition and obligation to be performed by Sublicensor under the provisions of the License or to which Sublicensor is subject thereunder, except that all license fees and other amounts payable to Licensor under the License shall be paid to Sublicensor in accordance with Section 2.3 hereof. Sublicensee does further agree to indemnify and save Sublicensor, its successors and assigns, harmless from and against any and all liability under or
related to the License from and after said date.
1.4 Sublicensor Has Rights of Licensor. It is further agreed, that as to Sublicensee, Sublicensor shall have all rights of Licensor as described in the License and all rights granted to Sublicensor herein.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
Based on the 2025 Bens Soft Pretzels Franchise Disclosure Document, the document does not explicitly address whether a sub-licensee can sub-sublicense the premises. However, the FDD does state that the Sublicensee agrees to assume, be subject to and to perform each and every condition and obligation to be performed by Sublicensor under the provisions of the License. It also states that the Sublicensor shall have all rights of Licensor as described in the License and all rights granted to Sublicensor. This implies that the sub-licensee's rights and obligations are tied to the original license agreement between the licensor and sublicensor.
Because the FDD does not directly address sub-sublicensing, it is important for a prospective franchisee to review the original license agreement to understand the conditions and obligations that the sub-licensee must adhere to. This includes understanding whether the sublicensor has the right to sub-sublicense the premises and what conditions apply.
To gain clarity, a prospective Bens Soft Pretzels franchisee should ask the franchisor about the possibility of sub-sublicensing the premises. Specifically, they should inquire whether it is permitted, and if so, what conditions or restrictions apply. Understanding these details is crucial for making an informed decision about investing in a Bens Soft Pretzels franchise.