What must an All County franchisee do with a proposed location for the business?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
franchise system or chain, regardless of whether any or all of them are converted to use any or all of the Marks and/or System or continue to be operated independently.
- 7.5. National Accounts. You acknowledge that from time to time we may enter into agreements with certain regional or national businesses ("National Accounts") to provide services to customers at certain National Account locations which may include National Account locations within your Territory. We shall identify and designate any such National Accounts in our Operations Manual, and you acknowledge and agree that from time to time during the Term of the Agreement we may add or remove National Accounts, in our sole business judgment.
8. LOCATION.
It is your responsibility to find a Location within your Territory to operate the Business. You must submit to us, according to our procedures, a proposed Location for your Business for our approval.
8.1. Business Location. You must locate a site for the Business and have the Location approved by us. You must operate the Business from an approved Location within ninety (90) days of the Effective Date of the Franchise Agreement, unless we have provided our written approval to you of any extension of time to open the office location. We have the right to approve the terms of any lease, sublease or purchase contract for the Location, and you agree to deliver a copy to us for our approval before you sign it. Our approval of the lease, sublease or purchase contract does not constitute a warranty or representation of any kind, express or implied, as to its fairness or suitability or as to your ability to comply with its terms. We do not, by virtue of approving the lease, sublease or purchase contract, assume any liability or responsibility to you or to any third parties. You further acknowledge that we have advised you to seek legal counsel to review and evaluate the lease. You must deliver a copy of the fully signed lease, sublease or purchase contract to us within fifteen (15) days after its execution.
- 8.2. Location Approval. A properly executed site acceptance form is the exclusive means by which we accept a proposed site, and no other direct or indirect representation, approval or acceptance, whether in writing or verbally, by any of our officers, employees or agents, shall be effective or bind us. We will make reasonable efforts to make a determination on your site acceptance form within seven (7) days after receipt of it and any other materials that we have requested. We will furnish you with our standard site selection criteria and assistance for the Business, as we may establish from time to time.
- 8.3. Qualifying Factors. Factors used by us in deciding whether to accept or reject a proposed site may include, but is not limited to, the general location and neighborhood, demographic information, traffic patterns, zoning, access, visibility, location of other similar businesses or related establishments (including other ALL COUNTY® businesses) and size, condition, configuration, appearance and other physical characteristics of the site.
- 8.4. Independent Investigation. Your decision to develop and operate the Business at any particular site is based solely on your own independent investigation of the suitability of the site for the Business. You acknowledge and agree that your acceptance of the proposed site is based on your own independent investigation of the suitability of the proposed site.
- 8.5. Disclaimer of Guarantee. Our recommendation or approval of any proposed site and any information communicated to you regarding such site does not constitute a representation or warranty of any kind, express or implied, as to the suitability or success of such Location. Our recommendation or approval of the proposed site indicates only that the proposed site satisfies the general guidelines and criteria for Locations that we have established.
- 8.6. General Release. In consideration of our acceptance of a proposed site, you and your Owners agree to release us, and our affiliates, officers, directors, employees and agents from any and all loss, damages and liability arising from or in connection with the selection and/or acceptance of such site for the development of an ALL COUNTY® business.
Source: Item 23 — Receipts (FDD pages 43–157)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, it is the franchisee's responsibility to find a location within their territory to operate the business. The franchisee must submit the proposed location to All County for approval, following their established procedures.
All County requires franchisees to locate a site for the business and have it approved within 90 days of the Franchise Agreement's effective date, unless a written extension is provided. All County retains the right to approve the terms of any lease, sublease, or purchase contract for the location, and the franchisee must provide a copy for approval before signing. However, All County's approval does not constitute a warranty regarding the fairness, suitability, or the franchisee's ability to comply with the terms, nor does it assume any liability to the franchisee or third parties. Franchisees are advised to seek legal counsel to review the lease, and a fully signed copy must be delivered to All County within 15 days of execution.
All County's acceptance of a proposed site is exclusively through a properly executed site acceptance form. The franchisor aims to make a determination on the site acceptance form within seven days of receipt, along with any other requested materials. All County will provide standard site selection criteria and assistance for the business, which may be updated periodically. Factors considered for site approval include the general location, neighborhood, demographic information, traffic patterns, zoning, access, visibility, the location of similar businesses (including other All County locations), and the site's size, condition, configuration, appearance, and other physical characteristics.
The franchisee's decision to develop and operate the business at a specific site is based on their own independent investigation of the site's suitability. The franchisee releases All County from any loss, damages, or liability arising from the selection or acceptance of the site for the All County business. The franchisee is responsible for developing the business location according to All County's mandatory specifications and layouts, including requirements for dimensions, design, image, interior layout, decor, fixtures, equipment, signs, furnishings, and color scheme.