What is the Apricot Lane franchisee required to do to maintain the option?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
expiration of this Agreement or by the deadline imposed below, if earlier, is grounds for denying renewal of the franchise:
FRANCHISEE has, during the entire term of this Agreement, and any subsequent renewals, complied with all provisions of the applicable franchise agreement and all other agreements with FRANCHISOR and/or its affiliates;
FRANCHISEE has given notice of renewal to FRANCHISOR at least nine (9) months, but no sooner than twelve (12) months prior to expiration of initial term of this Agreement;
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;
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to the 2025 Apricot Lane FDD, a franchisee must meet several conditions to be eligible for franchise renewal. The franchisee must have complied with all provisions of the franchise agreement and other agreements with Apricot Lane and its affiliates throughout the entire term and any subsequent renewals. Additionally, the franchisee must provide notice of renewal to Apricot Lane at least nine months, but no sooner than twelve months, before the initial term's expiration.
Another crucial requirement is maintaining possession of the premises. This involves either timely exercising any renewal option in the lease or, if there is no renewal option, entering into a new lease with the lessor that includes the lease clauses required under Section 4.C of the agreement. If securing a new lease proves unfeasible, the franchisee must find a substitute premises approved by Apricot Lane under a lease that includes the necessary clauses, provided Apricot Lane notifies the franchisee at least twelve months before the term's expiration that relocation is necessary.
The Apricot Lane franchisee bears the sole responsibility for starting and continuing efforts to either maintain possession of the current premises or secure a substitute location before the term expires. Furthermore, the franchisee must keep Apricot Lane fully informed about all related matters. Failure to meet these requirements by the agreement's expiration or the imposed deadline can result in the denial of franchise renewal.