How is the term of the Sublease defined for a Bens Soft Pretzels franchise?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the Sublease agreement for a Ben's Soft Pretzels franchise is tied to the terms of the underlying lease between the sublessor (Ben's Soft Pretzels LLC) and the landlord. The franchisee, as the subtenant, operates their Ben's Soft Pretzels store at the premises under the conditions outlined in both the Sublease and the Franchise Agreement.
The Sublease incorporates every provision of the original lease in its entirety, making the franchisee subject to all the conditions and obligations that Ben's Soft Pretzels LLC has under the original lease. However, the franchisee makes rental payments to Ben's Soft Pretzels LLC, who then pays the landlord. The franchisee also agrees to protect Ben's Soft Pretzels LLC from any liabilities related to the lease from the date of the Sublease onward.
Ben's Soft Pretzels, as the sublessor, retains all the rights of the landlord as described in the original lease. The franchisee's use of the premises is specifically limited to operating a Ben's Soft Pretzels store, and they are entitled to quiet enjoyment of the premises as long as they comply with the terms of the Sublease, the original lease, and the Franchise Agreement.
Any alterations or improvements to the premises require prior written consent from both Ben's Soft Pretzels LLC and the landlord, if required by the original lease. Upon request, the franchisee is responsible for restoring the premises to its original condition before the end of the Sublease term. The franchisee must also maintain insurance coverage as specified in the lease and the Franchise Agreement, naming the franchisor, sublessor, and potentially the landlord as additional insured parties.