Am I responsible for reviewing and determining the appropriateness and desirability of the lease for an Afuri Ramen Dumpling franchise?
Afuri_Ramen_Dumpling Franchise · 2024 FDDAnswer from 2024 FDD Document
You acknowledge that you are responsible for reviewing and determining the appropriateness and desirability of the lease.
We will have no liability with respect to the selection or approval of a location or any lease for the Premises, nor liability with respect to any site recommendations we make.
- 1.3.6 Before you enter a lease or purchase agreement for the Franchise Premises, you will submit the lease or purchase documents to us for approval.
Lease documents must include the Franchise Premises Lease Agreement Rider attached in Exhibit 2 or otherwise include an assignment of the lease in a form we approve, pursuant to which we may assume the lease as provided in Exhibit 2.
You will deliver to us a true copy of the lease and any additions or amendments to it promptly after they are executed.
- 1.3.7 If we cure any breach by you under the lease or sublease, the total amount of all costs and payments we incur in effecting the cure will be immediately due and owing by you to us.
Source: Item 23 — Receipts (FDD pages 50–189)
What This Means (2024 FDD)
According to the 2024 Afuri Ramen Dumpling FDD, as a franchisee, you are responsible for reviewing and determining the appropriateness and desirability of the lease for your franchise location. While Afuri Ramen Dumpling may offer assistance in site selection and has minimum criteria for acceptable locations, the final responsibility for evaluating the lease terms and conditions rests with you. Afuri Ramen Dumpling will not have liability regarding the selection or approval of a location or any lease for the premises.
Before entering into a lease or purchase agreement, you must submit the documents to Afuri Ramen Dumpling for approval. The lease documents must include a Franchise Premises Lease Agreement Rider or an assignment of the lease in a form approved by Afuri Ramen Dumpling, allowing them to assume the lease under certain conditions. You are required to provide Afuri Ramen Dumpling with a true copy of the lease and any amendments promptly after they are executed.
If Afuri Ramen Dumpling cures any breach under the lease, you are responsible for immediately paying them the total amount of all costs and payments they incur in effecting the cure. This highlights the importance of carefully reviewing the lease and ensuring compliance to avoid potential financial liabilities. While Afuri Ramen Dumpling provides assistance and sets minimum standards, the onus is on you to conduct thorough due diligence and seek professional advice to ensure the lease terms are favorable and sustainable for your Afuri Ramen Dumpling franchise.