What is an Apricot Lane franchisee's acceptance of rights under the agreement based on regarding the premises' suitability?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
Despite any assistance, information or recommendations that FRANCHISOR provided or will provide (whether before or after the Effective Date) with respect to the Premises, FRANCHISOR has made and will make no representations or warranties of any kind, express or implied, of the suitability of the Premises for a Specialty Store or any other purpose. FRANCHISOR's recommendation indicates only that FRANCHISOR believes that the Premises meets or has the potential to meet, or that FRANCHISOR has waived, the general criteria of Premises acceptability that FRANCHISOR has established as of that time. Applying criteria that have appeared effective for other Premises might not accurately reflect the potential for all premises, and, after we recommend or accept a Premises, demographic and/or other factors included in or excluded from our location criteria could change, thereby altering a premises' potential. The uncertainty and instability of these criteria are beyond FRANCHISOR's control, and FRANCHISOR is not responsible if the Premises fails to meet FRANCHISOR's or FRANCHISEE's expectations. Your acceptance of the rights under this Agreement is based on your own independent investigation of, or agreement in the future to investigate, the Premises' suitability. **Initial
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, a franchisee's acceptance of rights under the franchise agreement is based on their own independent investigation, or agreement to investigate in the future, the suitability of the premises. This means that while Apricot Lane may offer assistance, information, or recommendations regarding the location, the final responsibility for determining if the premises is appropriate for an Apricot Lane store lies with the franchisee.
Apricot Lane makes no guarantees about the suitability of the premises, even if they recommend it. Their recommendation only suggests that the location meets the general criteria they have established at that time, or has the potential to meet those criteria, or that Apricot Lane has waived certain criteria. The FDD emphasizes that criteria that have worked for other locations may not be applicable to all premises, and demographic or other factors can change, affecting the location's potential.
This places the onus on the franchisee to conduct thorough due diligence. The franchisee should not solely rely on Apricot Lane's recommendations but should independently assess the location's viability. This includes considering factors such as local demographics, market conditions, competition, and the terms of the lease agreement. By signing the agreement, the franchisee acknowledges this responsibility and confirms that their decision is based on their own assessment of the premises' suitability.