factual

Regarding the Afuri Ramen Dumpling franchise, what is the significance of the 'Development Area' mentioned in the addendum?

Afuri_Ramen_Dumpling Franchise · 2024 FDD

Answer from 2024 FDD Document

20, between AFURI FRANCHISE INC., an Oregon corporation ("we/us"), and
and ("you").
executed [#] 1. Simultaneous Multiple Franchise Purchase. The parties have contemporaneously
Franchise Agreements, including this Addendum, as part of a multiple franchise purchase.
2. following "Development Area": Development Area. If the Franchise Premises has not been determined when this
Addendum is executed, you are responsible for selecting the site for your Franchise Premises within the

Subject to our reservations of rights in the Franchise Agreement, we will not establish or allow others to establish an Afuri business physically located within your Development Area using our Marks and System so long as the Franchise Agreements and corresponding Multiple Franchise Purchase Addenda are in force and you are not in default in any material provision of any such agreement. Upon termination of expiration of this Addendum (under Section 8 below), your rights with respect to the Development Area will automatically terminate.

    1. Franchise Premises and Franchise Territory. The Franchise Territory for each franchise will be designated by us before you open each relevant Franchise Premises. The Franchise Territory and your Franchise Premises must be in the United States of America, legally available pursuant to state and federal franchise and business opportunity disclosure and registration laws and pursuant to our contractual commitments (including those with our other franchisees) and in compliance with our franchise placement, market development and demographic criteria.
    1. No Other Understandings. Except as specifically outlined or forbidden in the relevant Franchise Agreement, there are no understandings oral or written concerning the future placement of restaurants by any party and concerning any territory protections granted to you.
    1. Franchise Opening Schedule.

Source: Item 23 — Receipts (FDD pages 50–189)

What This Means (2024 FDD)

According to the 2024 Afuri Ramen Dumpling Franchise Disclosure Document, the 'Development Area' is a key component of the Multiple Franchise Purchase Addendum. Afuri Ramen Dumpling agrees not to establish or allow others to establish an Afuri business within your Development Area, protecting your investment, as long as the Franchise Agreements and the Multiple Franchise Purchase Addenda are active and you are not in material default of any agreement. This protection ensures that no other Afuri Ramen Dumpling restaurants will be opened within your designated area, giving you a degree of market exclusivity. However, these rights automatically terminate upon the expiration or termination of the Addendum.

The Franchise Territory for each franchise will be designated by Afuri Ramen Dumpling before you open each relevant Franchise Premises. The Franchise Territory and your Franchise Premises must be in the United States of America, legally available pursuant to state and federal franchise and business opportunity disclosure and registration laws and pursuant to Afuri Ramen Dumpling's contractual commitments (including those with their other franchisees) and in compliance with their franchise placement, market development and demographic criteria. Except as specifically outlined or forbidden in the relevant Franchise Agreement, there are no other understandings, oral or written, concerning the future placement of restaurants by any party and concerning any territory protections granted to you.

Furthermore, the addendum includes a 'Development Schedule' that outlines the timeframe within which you must commence operations for each franchise. Time is of the essence, and failure to comply with the opening and continuous operation requirements can result in Afuri Ramen Dumpling having the right to terminate any of your franchise agreements for franchises that have not yet opened. However, the addendum does allow for exceptions to this schedule for events outside of your control, such as war, natural disasters, or labor disputes, but specifically excludes financial circumstances. If you do not comply with the Development Schedule, Afuri Ramen Dumpling has the right to reduce the size of (or change) your Development Area or terminate the Addendum and any of your Franchise Agreements representing Franchises that have not yet opened for business. However, your Franchise Agreement(s) and Territory(ies) for each of your operating Franchises will remain in force.

It is important to note that the full Initial Franchise Fees for each Franchise are due at the time you sign the multiple Franchise Agreements and are non-refundable under any circumstances. Afuri Ramen Dumpling will only provide franchise training at their expense for the first Franchise you open. The Addendum will expire upon the opening of your last Franchise under your Development Schedule or the termination of the Addendum. Understanding the terms and conditions of the Development Area, the Development Schedule, and the potential consequences of non-compliance is crucial for any prospective Afuri Ramen Dumpling franchisee considering a multiple franchise purchase.

Disclaimer: This information is extracted from the 2024 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.