According to the 2025 FDD, a general release or waiver of liability that a Bens Soft Pretzels franchisee is required to agree to will not be valid if it violates any applicable law that prohibits such releases or waivers. This means that if a specific law exists that prevents the enforcement of a waiver in a particular situation, the waiver will not be effective.

This protection ensures that franchisees are not unknowingly giving up rights that are legally protected. It is important for prospective franchisees to be aware of the laws in their specific jurisdiction that may affect the enforceability of waivers or releases. This ensures that Bens Soft Pretzels franchisees are not subjected to unfair or illegal waivers of liability.

For franchisees in North Dakota, the FDD includes an addendum that specifically addresses waivers and other provisions. According to the addendum, any general release that a franchisee is required to assent to is not intended to act as a release, estoppel, or waiver of any liability that Bens Soft Pretzels Franchising Corporation may have incurred under the North Dakota Franchise Investment Law. Additionally, the Franchise Agreement requires the franchisee to consent to a waiver of trial by jury, but that requirement will not apply to North Dakota franchisees and is deemed deleted in each place it appears in the Disclosure Document and Franchise Agreement. The Franchise Disclosure Document and Franchise Agreement may require franchisees to consent to termination or liquidated damages, but the Commissioner has determined this to be unfair, unjust and inequitable within the intent of the North Dakota Franchise Investment Law, so this requirement will not apply to North Dakota franchisees and is deemed deleted in each place it appears in the Disclosure Document and Franchise Agreement.