What is the Apricot Lane franchisee's responsibility regarding maintaining or securing premises for renewal?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
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;
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.
Before expiration of the term, FRANCHISEE has secured the right to remain in possession of the Premises during the renewal term or has secured substitute Premises as provided above for the renewal term and has brought the Franchised Business and the Premises into full compliance with the specifications and standards then applicable for new or renewing Specialty Stores and has furnished, stocked and equipped the existing or substitute Premises so as to bring the Franchised Business into full compliance with the then-current specifications and standards within ninety (90) days from the expiration date of this Agreement;
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, the franchisee is solely responsible for starting and continuing the efforts to either maintain possession of the current premises or find a substitute location before the current term expires. The franchisee must keep Apricot Lane informed about these efforts.
When the franchisee gives notice of renewal, they must provide evidence that they have either exercised their renewal option under the lease or have secured the right to remain in possession of the premises for the renewal term. If the franchisee does not have a renewal option or cannot yet exercise it, they must fully disclose their plans for maintaining possession of the premises or securing a substitute location to Apricot Lane. This includes providing copies of all communications with landlords and other parties regarding the premises and the lease, and keeping Apricot Lane updated on the status of the lease and/or premises.
Before the term expires, the franchisee must secure the right to remain in possession of the premises or secure a substitute location for the renewal term. They must also bring the franchised business and the premises into full compliance with the specifications and standards applicable for new or renewing stores. This includes furnishing, stocking, and equipping the existing or substitute premises to meet the current standards within 90 days from the expiration date of the agreement. Failure to meet these conditions can be grounds for denying renewal of the franchise.