What must an Apricot Lane franchisee do before relocating their Franchised Business within their territory?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
FRANCHISEE acknowledges that it has no right by virtue of the grant of a Territory, or otherwise, to relocate the Franchised Business within the Territory or to open one or more additional Specialty Stores in the Territory without FRANCHISOR's prior express written consent.
F. Relocation of Franchised Business During Term
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- FRANCHISEE may operate the Franchised Business only at the location specified in Section 1.B above or at the location approved according to Exhibit A to this Agreement. FRANCHISEE may relocate the Franchised Business within its Territory only after notifying FRANCHISOR of the proposed new location and the reason for the change, and submitting the proposed location and lease for approval in accordance with FRANCHISOR's then-current standards, and securing FRANCHISOR's written approval, which shall not be unreasonably withheld. Any such relocation shall be at FRANCHISEE's sole expense and FRANCHISOR shall have the right to charge FRANCHISEE for any costs incurred by FRANCHISOR, and a reasonable fee for its services, in connection with any such relocation of the Franchised Business. If the lease for the site of the Franchised Business expires or terminates without fault of FRANCHISEE, or if the site is destroyed, condemned or otherwise rendered unusable, and FRANCHISEE is unwilling or unable to relocate the franchise, FRANCHISOR will not be required to refund any fees or costs paid to FRANCHISOR.
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- If FRANCHISEE relocates the Franchised Business, the FRANCHISEE shall:
- a. Conform the new store location to FRANCHISOR's then-current standards for store design;
- b. Close the old location simultaneously with the opening of the new location so that only one Specialty Store is open and operating under this Agreement within the Territory at any time; and
- c. Remove from and around the old store location and obliterate any visible indicia of all signs, graphics and advertising materials displaying the Designated Mark and other names, Marks, logos, commercial symbols, trade dress and slogans of FRANCHISOR; such removal is to be accomplished within seven (7) business days of the opening of the new location.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, a franchisee does not have the right to relocate their franchised business within their territory without Apricot Lane's prior express written consent. To relocate, the franchisee must first notify Apricot Lane of the proposed new location and the reason for the change. They must then submit the proposed location and lease for approval based on Apricot Lane's current standards.
After these steps, the franchisee must secure Apricot Lane's written approval, which, according to the FDD, will not be unreasonably withheld. The franchisee is responsible for all expenses associated with the relocation. Apricot Lane has the right to charge the franchisee for any costs it incurs, including a reasonable fee for its services related to the relocation.
If the franchisee relocates, they must conform the new store location to Apricot Lane's then-current standards for store design. The franchisee must also close the old location at the same time the new location opens, ensuring that only one Apricot Lane store operates within the territory at any given time. Finally, within seven business days of opening the new location, the franchisee must remove all signs, graphics, and advertising materials displaying Apricot Lane's trademarks from the old location.