Are there any exceptions to the waiver of subrogation in the Bens Soft Pretzels Sublicense agreement?

Based on the 2025 Bens Soft Pretzels Franchise Disclosure Document, there is an exception to the waiver of liability. Specifically, the addendum states that any representations requiring prospective franchisees to assent to a release, estoppel, or waiver of liability will not act as a release, estoppel, or waiver of any liability incurred under any applicable law that prohibits such releases, estoppels, or waivers. This means that if a law exists that prevents a franchisee from waiving certain liabilities, then the franchisee's agreement to such a waiver in the franchise documents will not be enforceable under that specific law.

This exception is designed to protect franchisees from unknowingly waiving rights that are legally protected. It ensures that the Bens Soft Pretzels franchise agreement complies with all applicable laws regarding liability waivers. This clause provides a safeguard for franchisees, ensuring they do not inadvertently relinquish legal protections afforded to them by law.

For a prospective Bens Soft Pretzels franchisee, this means that while the franchise agreement may contain waivers of liability, these waivers are not absolute. If a specific law prohibits the waiver of a particular liability, that waiver will not be enforceable. It is advisable for potential franchisees to consult with a legal professional to understand their rights and protections under applicable laws, ensuring they are fully aware of the implications of any waivers in the franchise agreement.