Is the Walmart Master Lease Agreement attached to the Bens Soft Pretzels Sublease?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, Sublessor is the lessee under a certain lease dated, entered into with
for approximately
square feet located at (the "Premises"), a copy of which is attached hereto as Exhibit A and hereby made a part hereof (the "Lease"); and
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the sublease agreement between Ben's Soft Pretzels LLC (as Sublessor) and the franchisee (as Subtenant) incorporates the original lease in its entirety. Specifically, the FDD states that each provision of the lease is incorporated into the sublease as if fully set forth in the sublease agreement.
For a prospective Bens Soft Pretzels franchisee, this means that the terms and conditions of the original lease agreement directly affect their sublease. The franchisee is subject to all the obligations and conditions outlined in the original lease, and Ben's Soft Pretzels, as the sublessor, has all the rights of the lessor as described in the original lease. This arrangement ensures that the franchisee must adhere to the overarching rules and regulations established in the initial lease agreement.
The FDD indicates that a copy of the original lease is attached as Exhibit A to the sublease. However, the FDD does not specify whether this original lease is a Walmart Master Lease Agreement. A franchisee should confirm with Bens Soft Pretzels whether the Exhibit A lease is a Walmart Master Lease Agreement if the store is located in a Walmart.