Under what condition is this Rider effective for a Bens Soft Pretzels franchise?

According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, a Rider to the State Addendum is effective only if the jurisdictional requirements of the franchise law of the Applicable Franchise Registration State are met independently, without relying on the Rider itself. This means the Rider's provisions only apply if the state's franchise laws already cover the specific issues addressed in the Rider.

This Rider is signed when a franchisee is a resident of a state listed in the heading of the Rider (the "Applicable Franchise Registration State") or a non-resident acquiring franchise rights to locate one or more Bens Soft Pretzels businesses in such a state. Additionally, it is required that both Bens Soft Pretzels and the franchisee have entered into a Franchise Agreement contemporaneously and wish to amend that agreement through the Rider.

Essentially, the Rider serves as an amendment to the existing Franchise Agreement, adding a clause that protects the franchisee's rights under state franchise law. It ensures that no statement or acknowledgment made by the franchisee can waive claims related to state franchise law or disclaim reliance on statements made by the franchisor. This provision takes precedence over any conflicting terms in other documents related to the franchise agreement. Therefore, the Rider's effectiveness is contingent on the state's laws independently meeting the jurisdictional requirements, with the Rider acting as a supplementary protection for the franchisee.