Who must approve the site for the Apricot Lane Specialty Store when the franchisee has an open license?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
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provided that if no specific location has been identified, then FRANCHISEE has an "Open License," which means that FRANCHISEE has a right to establish a Specialty Store in the future at a site mutually agreed upon in a designated geographic area under the terms and conditions
provided for in Exhibit A to this Agreement. Once an agreed location is secured for operation of the Specialty Store, it will be set forth above. FRANCHISEE acknowledges that the franchise awarded by this Agreement is only for the operation of a Franchised Business under the Designated Mark at the location set forth above and at no other location whatsoever. FRANCHISOR and FRANCHISEE expressly agree that if the specific location and Designated Mark for the Franchised Business are not determined at the time this Agreement is signed, that circumstance alone does not and shall not constitute a failure to specify essential terms of this Agreement or cause this Agreement to be unenforceable. FRANCHISEE hereby undertakes the obligations to secure premises for the Specialty Store approved by FRANCHISOR and to open and operate the Franchised Business under the System at that location as provided in this Agreement.
C. Initial Franchise Fee
In consideration of the franchise granted herein, FRANCHISEE shall pay to FRANCHISOR an initial franchise fee of . This initial franchise fee shall be paid in full on execution of this Agreement unless FRANCHISEE has an Open License.
If FRANCHISEE has an Open License, the initial franchise fee shall be paid in two installments. The first installment of Five Thousand Dollars ($5,000) is due and payable on execution of this Agreement and the balance is due and payable in full upon request for a lease by FRANCHISEE after the negotiation of a letter of intent for the location of the Franchised Business with the lessor. Failure to pay the balance of the initial franchise fee when due shall be grounds for termination of this Agreement.
The initial franchise fee and any portion thereof shall be deemed fully earned when due and payable as provided above and shall not be refundable under any circumstances except as expressly provided in Section 6.C of this Agreement.
D. Initial Franchise Fee for a Second or Additional Franchise Purchased
The franchise fee for a second franchise purchased by an existing franchisee is Twenty Thousand Dollars ($20,000), payable on the same terms and conditions as provided in Section 1.C above. FRANCHISEE will sign the Franchise Agreement currently in use for that second location and the "Second or Additional Store Fee" provided for in that second store Franchise Agreement will apply towards any third store location purchased.
**E.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, if a franchisee has an open license, the franchisor, Country Visions, Inc., must approve the site for the Specialty Store. Having an "Open License" means the franchisee has the right to establish a store in the future at a site mutually agreed upon in a designated geographic area under the terms and conditions provided in Exhibit A of the Franchise Agreement.
Securing a suitable site is the franchisee's responsibility, but it must be approved by Apricot Lane. The exact address of the approved location will then be inserted into Section 1.B of the Franchise Agreement, and the Designated Mark will be added to Section 1.A. The designation of preferred centers or areas does not guarantee availability or approval, and Apricot Lane is not required to give preference to any franchisee over another if both have open licenses and want the same location.
The franchisee must secure and have the site approved within a certain timeframe, which is left blank in the agreement excerpt. Extensions to this period may be granted in three-month increments with written agreement from Apricot Lane. If a suitable site is not secured and approved within the specified time or any extensions, Apricot Lane has the right to terminate the Franchise Agreement and retain the $5,000 installment on the initial franchise fee paid by the franchisee.