If a specific location is designated for an Apricot Lane franchise, who is responsible for securing suitable premises at that location?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
A. Site Selection and Approval
FRANCHISEE will be responsible for purchasing or leasing suitable Premises. If a specific location is designated in Section 1.B above, FRANCHISEE is solely responsible for securing suitable Premises at said location for the Franchised Business, which must be approved by FRANCHISOR. If FRANCHISEE has an Open License under the terms of Exhibit A, FRANCHISEE must select and secure a suitable location and Premises at such location for the Franchised Business, which must be approved by FRANCHISOR, in accordance with the terms of Exhibit A. Prior to the acquisition by lease or purchase of the Premises, FRANCHISEE shall submit a written description of the proposed site to FRANCHISOR, together with a letter of intent describing in detail the business terms and conditions and other evidence satisfactory to FRANCHISOR which confirms FRANCHISEE's favorable prospects for obtaining the proposed site. FRANCHISOR shall provide FRANCHISEE written notice of approval or disapproval of the proposed location and premises within thirty (30) business days after receiving FRANCHISEE's written proposal.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to the 2025 Apricot Lane Franchise Disclosure Document, the franchisee is responsible for securing suitable premises for the Franchised Business. Specifically, if a location is designated in Section 1.B of the franchise agreement, the franchisee is solely responsible for securing suitable premises at that location. The franchisor, Apricot Lane, must approve the premises.
This means that even if Apricot Lane suggests or designates a location, the responsibility of finding and securing the actual property (through purchase or lease) falls on the franchisee. This includes all the negotiations, legal paperwork, and financial commitments associated with acquiring the site.
Prior to finalizing the lease or purchase, the franchisee must submit a written description of the proposed site to Apricot Lane, along with a letter of intent detailing the business terms and conditions. The franchisee must also provide other evidence satisfactory to Apricot Lane that confirms the franchisee's favorable prospects for obtaining the proposed site. Apricot Lane then has 30 business days to provide written notice of approval or disapproval of the proposed location and premises.