Does Apricot Lane's granting of the Location Option guarantee the availability of the Option Location for development as a Specialty Store?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
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- The granting of this Option by FRANCHISOR is not a guaranty or assurance that the Option Location will be available to FRANCHISEE to develop as a Specialty Store within the term of this Option or at any time thereafter. FRANCHISOR has not secured the Option Location for development as a Specialty Store and FRANCHISEE shall have the sole and exclusive responsibility for doing so. The granting of this Option is not a final approval of the Option Location by FRANCHISOR. FRANCHISEE will need to comply with all terms and conditions of the Option Franchise Agreement relative to securing the site, leasing of the site, and construction of the site and obtain all approvals of FRANCHISOR required in the Option Franchise Agreement with respect to these matters.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, the granting of a Location Option does not guarantee that the option location will be available for development as a specialty store. The franchisee bears the sole responsibility for securing the location. The franchisor has not secured the option location. The granting of the option is not a final approval of the option location by Apricot Lane.
To develop a Specialty Store at the option location, the franchisee must comply with all terms and conditions of the Option Franchise Agreement. This includes securing the site, leasing the site, and constructing the site. The franchisee must also obtain all necessary approvals from Apricot Lane as required in the Option Franchise Agreement.
This means that even after paying an option fee, a prospective Apricot Lane franchisee could lose the location if they fail to meet the franchisor's requirements or if another franchisee is approved for the same location. It is crucial for franchisees to understand that the Location Option Agreement does not guarantee site availability and that they must actively work to secure and develop the location while meeting all of Apricot Lane's stipulations.