What must an Apricot Lane franchisee do to maintain possession of the premises for renewal?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
ewal to FRANCHISOR at least nine (9) months, but no sooner than twelve (12) months prior to expiration of initial term of this Agreement;
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- FRANCHISEE maintains possession of the Premises by timely exercising any renewal option in the manner and by the date required under the lease, or if there is no renewal option under the lease, by entering into a new lease with the lessor for the Premises that shall include the lease clauses required under Section 4.C of this Agreement. If there is no renewal option and FRANCHISEE cannot through reasonable efforts secure the right to maintain possession of the Premises under a new lease, or if FRANCHISOR notifies FRANCHISEE no later than twelve (12) months before expiration of the term that in its judgment the Franchised Business should be relocated, FRANCHISEE must secure substitute premises approved by FRANCHISOR, in its sole discretion, under a lease that includes the lease clauses required under Section 4.C of this Agreement. It is fully understood by FRANCHISEE that FRANCHISEE is solely responsible for timely commencing and sustaining efforts needed to either maintain possession of the Premises or to secure substitute premises before expiration of the term and that FRANCHISEE must keep FRANCHISOR fully and timely informed of all such matters;
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- FRANCHISEE, at the time of giving its notice of renewal of the franchise, also presents evidence satisfactory to FRANCHISOR that FRANCHISEE has exercised the renewal option under the lease for the Premises or has otherwise secured the right to remain in possession of the Premises for the duration of any renewal term; or if at the time for giving such notice, FRANCHISEE has no renewal option or cannot yet exercise it under the terms of the lease or has otherwise not secured the right to remain in possession of the Premises during the renewal term, FRANCHISEE provides full disclosure to FRANCHISOR concerning FRANCHISEE's plans regarding maintaining possession of the Premises or securing substitute Premises and provides copies to FRANCHISOR of all communications and notices given to or received from landlords in relation to the above, as well as any and all communications with any other parties regarding the Premises and/or the lease, and continues to keep the FRANCHISOR timely apprised of the status of the lease and/or Premises.
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Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, a franchisee must maintain possession of the premises to be eligible for renewal. Specifically, the franchisee must timely exercise any renewal option in the manner and by the date required under the lease. If there is no renewal option, the franchisee must enter into a new lease with the lessor that includes specific lease clauses outlined in Section 4.C of the franchise agreement.
If there is no renewal option and the franchisee cannot secure the right to maintain possession through a new lease despite reasonable efforts, the franchisee must secure substitute premises approved by Apricot Lane. This substitute location must also have a lease that includes the clauses required under Section 4.C. Apricot Lane must notify the franchisee at least twelve months before the expiration of the term if they believe the Franchised Business should be relocated.
The Apricot Lane franchisee is solely responsible for starting and continuing the efforts needed to either maintain possession of the current premises or secure a substitute location before the term expires. The franchisee must also keep Apricot Lane fully and timely informed of all related matters. Furthermore, when giving notice of renewal, the franchisee must present evidence satisfactory to Apricot Lane that they have exercised the renewal option or have otherwise secured the right to remain in possession of the premises for the duration of any renewal term. If the franchisee has no renewal option or cannot yet exercise it, they must provide full disclosure to Apricot Lane concerning their plans for maintaining possession or securing substitute premises, including copies of all communications with landlords and other relevant parties.