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What are the specific obligations of a 7 Brew franchisee regarding pre-opening purchases/leases (Item 9) and how are these affected by the restrictions on suppliers (Item 8)?

7_Brew Franchise · 2025 FDD

Answer from 2025 FDD Document

Store Development

You must develop the Store at your expense. You must follow our construction guidelines and mandatory specifications and layouts for a 7 BREW Store ("Plans"), including requirements for dimensions, design, interior layout, improvements, color scheme, décor, signage, and Operating Assets. All other decisions regarding the Store's development are subject to our review and prior written approval.

You must adapt the Plans for the Store ("Adapted Plans") and make sure they comply with the Americans with Disabilities Act ("ADA"), all federal, state, and local laws, codes, ordinances, and regulations, and lease requirements and restrictions. You must send us the Adapted Plans for pre-approval before the Store's build-out begins and all revised or "as built" plans and specifications prepared during construction and development. Our review is limited to reviewing compliance with our Plans. We have the right to pre-approve your proposed architect.

You must at your expense construct, install all trade dress and Operating Assets in, and otherwise develop the Store according to our standards, specifications, and directions. The Store must contain all Operating Assets, and only those Operating Assets, we specify or pre-approve. You agree to place or display at the Store (interior and exterior), according to our guidelines, only the signs, emblems, lettering, logos, and materials we approve.

We periodically may modify Brand Standards, which may accommodate regional or local variations, and those modifications may obligate you to invest additional capital in the Store and/or incur higher operating costs. You must implement any changes in mandatory Brand Standards within the time period we request. However, except for:

  • (i) changes in the computer system;
  • (ii) changes in signage and logo (i.e., Store exterior graphics);
  • (iii) certain changes in connection with a transfer;
  • (iv) changes required by the Store's lease or applicable law; and
  • (v) general Store upkeep, repair, and maintenance obligations,

for all of which the timing and amounts are not limited during the franchise term, we will not require you to make any capital modifications during any year of the franchise term the costs of which during that year exceed $10,000 (excluding taxes and delivery charges). You must incur these costs in order to comply with this obligation and our requirements (even if such expenditures cannot be amortized over the remaining franchise term). Within 30 days after receiving written notice from us, you must prepare plans according to our standards and specifications and, if we require, using architects and contractors we designate or approve, and then submit those plans to us for written approval.

Test Programs

We periodically may ask you to participate in certain test programs for new services, products, and/or Operating Assets. If you agree to participate, this could obligate you to incur additional operating costs for the Store. Unless we agree otherwise, we need not reimburse those costs. You must maintain and timely send us any records and reports we require concerning the test programs.

Insurance

You must maintain insurance coverage for the Store at your own expense in the amounts, and covering the risks, we periodically specify. Your insurance carriers must be licensed to do business in the Store's state and be rated A-, VII or higher by A.M. Best and Company, Inc. (or satisfy our other criteria). We have the right periodically to increase the required coverage amounts and/or require different or additional insurance coverage at any time to reflect inflation, identification of new risks, changes in law or standards of liability, higher damage awards, or relevant changes in circumstances. Insurance policies must be written in your name and name us (and our parent companies, subsidiaries, and all other affiliates, and our and their respective officers, owners, directors, agents, representatives, and employees) as additional insureds for claims arising from your products and operations. You must provide updated insurance policies and proof of payment to us at least 10 days before the expiration or termination of such policy or policies.

You currently must have the following minimum insurance coverage: (i) commercial general liability insurance (including product, contractual, and owned and non-owned vehicle liability coverages) in minimum amounts of $2,000,000, aggregate single limit coverage; (ii) "All Risk" property damage insurance; (iii) plate glass insurance and boiler insurance (if applicable);

(iv) employer's liability, workers' compensation, and such statutory insurance as may be required in the state in which the Store is located; and (v) employment practices liability insurance with a limit of not less than $1,000,000 per occurrence and $1,000,000 aggregate. We recommend a $5 million umbrella coverage and cyber-insurance up to $1,000,000. You also must obtain and maintain all other insurance required under applicable state law.

Loyalty Program Media

You must participate in, and comply with the requirements of, our gift/loyalty/stored-value card and other customer loyalty programs and, once available, use our mobile or digital-ordering and franchise system applications and other digital channels. We have no obligation to reimburse you for any costs you incur in participating in our gift/loyalty/stored-value card and other customer loyalty programs, including for providing products or services to customers without compensation.

Supplier Approval and Designation Process and Compliance with Brand Standards

Except as described above, there are no goods, services, supplies, fixtures, equipment, inventory, computer hardware and software, real estate, or comparable items related to establishing or operating the Store that you currently must buy or lease from us (or our affiliates) or designated or approved suppliers.

What This Means (2025 FDD)

According to 7 Brew's 2025 Franchise Disclosure Document, franchisees are obligated to develop their store at their own expense, adhering to 7 Brew's construction guidelines, mandatory specifications, and layouts, referred to as "Plans." These Plans encompass requirements for dimensions, design, interior layout, improvements, color scheme, décor, signage, and operating assets. All decisions regarding the store's development are subject to 7 Brew's review and prior written approval. Franchisees must adapt these Plans to comply with the Americans with Disabilities Act (ADA) and all other applicable federal, state, and local laws, codes, ordinances, regulations, lease requirements, and restrictions, creating "Adapted Plans" for pre-approval before construction begins. Franchisees are responsible for ensuring sufficient insurance coverage is in place during and after the construction process. 7 Brew is not responsible for delays or losses during construction. Franchisees must construct and install all trade dress and operating assets according to 7 Brew's standards, specifications, and directions, using only specified or pre-approved operating assets. They must also display only approved signs, emblems, lettering, logos, and materials. 7 Brew may modify Brand Standards, potentially requiring additional capital investment or higher operating costs, which franchisees must implement within the requested timeframe. Franchisees must purchase or lease all operating assets, products, and services according to Brand Standards and, if required, only from manufacturers, suppliers, or distributors designated or approved by 7 Brew. These restrictions are in place to protect trade secrets and intellectual property, ensure quality and a reliable supply of products, achieve better purchase and delivery terms, control third-party use of the Marks, and monitor the manufacture, packaging, processing, sale, and delivery of these items.

7 Brew restricts franchisees' sources of items and services to protect trade secrets and intellectual property, ensure quality and a reliable supply of products meeting their standards, achieve better purchase and delivery terms, control third-party use of the Marks, and monitor the manufacture, packaging, processing, sale, and delivery of these items. Franchisees must send samples or proofs of all marketing materials not prepared or already approved by 7 Brew, and all approved marketing materials that they propose to change in any way. While 7 Brew will not unreasonably withhold approval, franchisees may not use any marketing materials that 7 Brew has not approved or has disapproved.

If a franchisee wants to purchase or lease any operating assets, products, or services from a supplier or distributor not already approved by 7 Brew, they must demonstrate to 7 Brew's satisfaction that the quality and functionality of the item or service are equivalent to that of the approved item or service. The supplier or distributor must also be reputable, financially responsible, and adequately insured for product-liability claims. The franchisee must pay any actual expenses incurred by 7 Brew to determine whether the items, services, suppliers, or distributors meet their requirements and specifications. 7 Brew will decide within a reasonable time (no more than 90 days) and has the right to condition supplier or distributor approval on requirements relating to product taste, quality, safety, third-party lab testing, prices, consistency, warranty, supply-chain reliability and integrity, financial stability, customer relations, frequency, economy, and efficiency of delivery, the benefits of concentrating purchases with limited suppliers, standards of service (including prompt attention to complaints), and other criteria. Despite these procedures, 7 Brew has the right to limit the number of approved suppliers and distributors, designate sources franchisees must use, and refuse requests for any reason, including because they already have designated an exclusive source (which might be 7 Brew or its affiliate) for a particular item or service or believe that doing so is in the 7 Brew store network's best interest. If 7 Brew approves any supplier or distributor a franchisee recommends, they have the right to authorize other 7 Brew stores to buy or lease any operating assets, products, or services from that supplier or distributor without compensating the recommending franchisee.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.