Under what condition would the Lease be assigned to and accepted by the Bens Soft Pretzels Franchisor?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Landlord further acknowledges that Tenant is not an agent or employee of Franchisor and the Tenant has no authority or power to act for, or to create any liability on behalf of, or to in any way bind Franchisor or any affiliate of Franchisor, and that Landlord has entered into this Addendum to Lease with full understanding that it creates no duties, obligations or liability of or against Franchisor or any affiliate of Franchisor, unless and until the Lease is assigned to, and accepted in writing by, Franchisor.
- (c) All notices to Franchisor required by this Addendum must be in writing and sent by registered or certified mail, postage prepaid, to the following address:
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels' 2025 Franchise Disclosure Document, the lease for a franchise location can be assigned to and accepted by Bens Soft Pretzels Franchising Corporation under specific conditions. The landlord must acknowledge that the Lease Addendum is a requirement of the Franchise Agreement, without which the tenant would not lease the premises. The landlord must also acknowledge that the tenant is not an agent or employee of Bens Soft Pretzels and cannot bind the franchisor in any way unless the lease is assigned to and accepted in writing by Bens Soft Pretzels.
For a prospective franchisee, this means that the Lease Addendum is a critical component of securing a location for their Bens Soft Pretzels store. It clarifies the relationship between the franchisee, the franchisor, and the landlord, ensuring that Bens Soft Pretzels is not held liable for the franchisee's actions unless they explicitly assume the lease. This protects Bens Soft Pretzels from potential liabilities arising from the franchisee's operation of the store.
Furthermore, all notices to Bens Soft Pretzels required by the Lease Addendum must be in writing and sent via registered or certified mail to the address specified in the FDD. The franchisor can change its address for receiving notices by providing written notice to the landlord. The landlord is also required to notify both the tenant and Bens Soft Pretzels of any changes to the landlord's mailing address. This ensures that Bens Soft Pretzels remains informed of any relevant communications regarding the lease and the premises.