Is a Bens Soft Pretzels subtenant allowed to sub-sublease the premises without written consent?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
-----------------------------------------------------------------|--| | LANDLORD: | By: Print Name: Title: | | | FRANCHISEE: | By: Print Name: | | Title:
BEN'S SOFT PRETZELS® SCHEDULE D(1)
SUBLEASE
| THIS SUBLEASE is made and entered into as of this day of, 20, by and between Ben's Soft Pretzels LLC, an Indiana limited liability company, ("Sublessor"), and and (jointly and severally, and collectively, referred to as "Subtenant"). |
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| W I T N E S S E T H: |
| WHEREAS, Sublessor is the lessee under a certain lease dated, entered into with |
| for |
| approximately |
| square |
| feet |
| located |
| at |
| (the "Premises"), a copy of which is attached hereto as Exhibit |
| A and hereby made a part hereof (the "Lease"); and |
| WHEREAS, Sublessor's affiliate, Ben's Soft Pretzels Franchising Corporation, (as Franchisor) |
| and Subtenant (as Franchisee) have entered into a Ben's Soft Pretzels Franchise Agreement |
| dated for Franchise Number (the "Franchise Agreement") pursuant to which |
| Sublessor's affiliate has granted Subtenant the right to operate a Ben's Soft Pretzels store at the Premises |
| subject to the terms and provisions of the Franchise Agreement; and |
| WHEREAS, Sublessor and Subtenant have agreed to sublease the Premises on the terms and |
| conditions set forth herein. |
| NOW, THEREFORE, in consideration of the premises set forth herein and for other good and |
| valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the parties |
| hereto do hereby agree as follows: |
1. SUBLEASE
- 1.1 Incorporation of Lease. Each and every provision of the Lease, be and hereby are incorporated herein in their entirety as if fully set forth herein.
- 1.2 Sublease Subject to Lease. This Sublease is subject to the Lease. Subtenant shall look only to Lessor and not to Sublessor for remedies of any breaches in the Lease by Lessor. Sublessor shall have no liability whatever for any breach by Lessor affecting Subtenant.
- 1.3 Subtenant's Assumption of Duties under the Lease. Subtenant agrees that as of the date of this Sublease to assume, be subject to and to perform each and every condition and obligation to be performed by Sublessor under the provisions of the Lease or to which Sublessor is subject thereunder, except that all rent and other amounts payable to Lessor under the Lease shall be paid to Sublessor in accordance with Section 2.3 hereof. Subtenant does further agree to indemnify and save Sublessor, its successors and assigns, harmless from and against any and all liability under or related to the Lease from and after said date.
- 1.4 Sublessor Has Rights of Lessor. It is further agreed, that as to Subtenant, Sublessor shall have all rights of Lessor as described in the Lease and all rights granted to Sublessor herein.
2. DEMISE, TERM AND RENT
- 2.1 Demise of Premises. Sublessor hereby subleases the Premises to Subtenant solely for the purpose of operating a Ben's Soft Pretzels store pursuant to the terms and provisions of the Franchise Agreement and agrees that so long as Subtenant is in compliance with the terms hereof, of the Lease, and of the Franchise Agreement Subtenant shall have the right to quiet enjoyment of the Premises without hinderance or molestation by Sublessor. By execution hereof, Subtenant accepts the Premises and acknowledges that the location and condition of the Premises is acceptable to Subtenant and hereby waives any claims or rights against Sublessor of or related to the condition or location of the Premises.
- 2.2 Term. The term of this Sublease shall be for the term commencing on the date of this Sublease and ending one day sooner than the ending date as provided in the Lease, or such earlier date as the Lease is terminated in accordance with the terms and provisions thereof or this Sublease is terminated in accordance with the terms and provisions hereof (the "Term").
- 2.3 Rent. Subtenant agrees to pay to Sublessor as rent during the term of this Sublease $200.00 per month plus all amounts which shall become due and payable by the Sublessor under the terms of the Lease, including, without limitation, all amounts for minimum rent, percentage rent, utilities, general real estate taxes, other taxes, common area maintenance, marketing charges, tenants or merchants association dues and any and all other amounts of any kind or nature whatsoever. All such amounts shall be due and payable by Subtenant on or before ten (10) business days prior to the date upon which any such amounts are due and payable by Sublessor under the terms of the Lease at the address of Sublessor at 1119 S. Indiana Avenue, Goshen, Indiana 46526, or such other place as Sublessor may from time to time designate, except that the first (1st) month's rent shall be paid to Sublessor concurrent with the execution of this Sublease. Payment of said amounts shall be made by Subtenant by check or draft made payable to Sublessor. Sublessor agrees to remit such amounts to Lessor or any other appropriate party in a timely fashion. The Subtenant agrees to execute and deliver to Sublessor the appropriate preauthorized check and electronic funds transfer forms for his Store's checking account prior to the opening of the Store so that Sublessor will be able to deposit the Sublease payments that accrue on a timely basis. The Sublessor will then deposit the amounts due into its account by the preauthorized check or electronic funds transfer system.
- 2.4 Interest and Penalties for Late Payment. In the event any amount due hereunder is not paid when and as same becomes due, Subtenant shall pay all late charges, interest and penalties due under the Lease.
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 subtenant can sub-sublease the premises. However, the sublease agreement between Ben's Soft Pretzels LLC (as Sublessor) and the franchisee (as Subtenant) incorporates the original lease agreement in its entirety. This means the franchisee, as a subtenant, is subject to all the conditions and obligations outlined in the original lease, including any restrictions on further subleasing.
Additionally, the subtenant assumes all duties required of Bens Soft Pretzels under the original lease. This includes complying with all terms and conditions of the lease, and indemnifying Bens Soft Pretzels against any liabilities related to the lease. The subtenant's use of the premises is explicitly limited to operating a Bens Soft Pretzels store, and they must maintain insurance coverage as specified in both the lease and the franchise agreement.
Given that the FDD does not directly address sub-subleasing, a prospective Bens Soft Pretzels franchisee should carefully review the original lease agreement (Exhibit A, as referenced in the FDD) to determine if it contains any clauses that prohibit or restrict the ability to sub-sublease the premises. It would be prudent to discuss this specific issue with the franchisor and seek clarification on whether sub-subleasing is permitted under any circumstances and what conditions would apply.
Therefore, while the FDD excerpts provide a framework for the sublease agreement and highlight the subtenant's obligations, the absence of a specific clause addressing sub-subleasing necessitates further investigation of the original lease and direct communication with Bens Soft Pretzels to fully understand the franchisee's rights and restrictions in this area.