Can the Apricot Lane franchisor change the E-Commerce Platform provider?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
Subject to the terms and conditions of this Subsection L, Franchisee has the right, using the Designated Mark (and other Marks authorized by Franchisor from time to time), to offer and sell through one or more third-party Internet websites or other electronic media authorized by Franchisor from time to time ("E-Commerce Platform") the merchandise to be sold at the Franchised Business in accordance with the terms of this Agreement. The E-Commerce Platform shall be deemed part of the Franchised Business and subject to all of the relevant terms and conditions under this Agreement. Franchisee acknowledges and agrees that e-commerce is rapidly evolving, with constant changes, and that Franchisor has the right from time to time to change the E-Commerce Platform (including substituting providers and using different technology) to maintain the competitiveness of Specialty Stores. Franchisor will give reasonable prior notice to Franchisee of any such changes, which in no event need to be more than 90 days. Franchisee agrees to discontinue use of any E-Commerce Platform that Franchisor no longer authorizes and will only use the then-current authorized E-Commerce Platform, notwithstanding that changes may result in costs and expenses to Franchisee. Franchisee shall execute and perform such agreements ("Provider's Contracts") with the provider of the
E-Commerce Platform ("Provider") as Franchisor requires from time to time (including requirements authorizing independent access to the E-Commerce Platform and Usage Data by Franchisor). Currently, Franchisor has designated "Shopify" as the sole and exclusive E-Commerce Platform, but, as noted above, Franchisor reserves the right to change the E-Commerce Platform in the future.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, Apricot Lane has the authority to modify the E-Commerce Platform, including the option to substitute providers and adopt different technologies to maintain the competitiveness of its Specialty Stores. Apricot Lane will provide reasonable prior notice of these changes to the franchisee, though this notice period need not exceed 90 days.
As an Apricot Lane franchisee, you must discontinue using any E-Commerce Platform that Apricot Lane no longer authorizes and exclusively use the then-current authorized E-Commerce Platform. This requirement applies regardless of whether the changes result in costs and expenses for the franchisee. Currently, Shopify is designated as the sole and exclusive E-Commerce Platform.
This clause in the franchise agreement allows Apricot Lane to adapt to the rapidly evolving e-commerce landscape. While this benefits the brand by ensuring it remains competitive, it also places the onus on the franchisee to adapt to these changes, potentially incurring additional costs. A prospective franchisee should consider the potential financial impact of these changes and factor it into their business planning.