Where should a Bens Soft Pretzels subtenant send rent payments?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
o 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.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels' 2025 Franchise Disclosure Document, a subtenant's rent payments should be directed to the sublessor, Ben's Soft Pretzels LLC. Specifically, the FDD states that all rent and other amounts payable to the lessor under the lease shall be paid to the sublessor, according to Section 2.3 of the sublease agreement. The sublessor will then deposit these funds into their account using preauthorized checks or electronic funds transfers.
This arrangement means that as a franchisee and subtenant, you will not directly pay rent to the original lessor of the property. Instead, you'll remit payments to Ben's Soft Pretzels LLC, who then handles the payments to the primary lessor. This setup simplifies the payment process for the franchisee, as they only need to manage payments to one entity (the sublessor) rather than tracking and paying the original lessor directly.
Furthermore, the FDD includes an ACH Recurring Payment Authorization Form, which allows franchisees to authorize Ben's Soft Pretzels, LLC to automatically charge their bank account for Walmart sublease rent on the 25th of each month. This form requires the franchisee's billing address, phone number, email, account type, name on the account, bank name, account number, bank routing number, and bank city/state. The authorization remains in effect until the franchisee cancels it in writing, with a 15-day notice required before the next billing date for any changes or termination. This automated payment option offers convenience and helps ensure timely payments, reducing the risk of late fees.