How is the term of the sublease for a Bens Soft Pretzels store defined?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
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)
Based on the 2025 Franchise Disclosure Document, the Bens Soft Pretzels franchisee (referred to as "Subtenant" in the sublease agreement) subleases the premises from Ben's Soft Pretzels LLC (referred to as "Sublessor"). The sublease is subject to the original lease agreement between the Sublessor and the Lessor. The franchisee must adhere to all conditions and obligations outlined in the original lease, essentially stepping into the shoes of the Sublessor, except that rent and other payments are made to the Sublessor. The Sublessor retains all rights of the Lessor as they pertain to the Subtenant.
The franchisee's use of the premises is restricted to operating a Bens Soft Pretzels store, aligning with the terms of the Franchise Agreement. As long as the franchisee complies with the sublease, the original lease, and the Franchise Agreement, they are entitled to quiet enjoyment of the premises without interference from the Sublessor. The franchisee accepts the premises as-is, waiving any claims against the Sublessor regarding its condition or location.
Prior consent from both the Sublessor and the Lessor (if required by the original lease) is necessary for any alterations or improvements to the premises. The franchisee is responsible for maintaining insurance coverage as specified in both the lease and the Franchise Agreement, naming the Franchisor and Sublessor (and Lessor, if applicable) as additional insured parties. The franchisee must also provide a security deposit to the Sublessor, the amount of which is specified in the sublease agreement. The FDD does not specify the exact term of the sublease agreement.