Is Apricot Lane obligated to assist franchisees in negotiating the terms of their lease?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
R the Collateral Assignment of Lease attached hereto as Exhibit G.
D. FRANCHISEE's Lease Negotiation Responsibility
It is understood by FRANCHISEE that:
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- FRANCHISEE is responsible for negotiating the lease, and the terms of the lease, except those provisions required to be included by this Agreement, shall be as determined by the FRANCHISEE and the lessor. The FRANCHISOR has no obligation to assist FRANCHISEE in negotiating the terms of the lease;
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- FRANCHISOR recommends that FRANCHISEE hire an attorney or an experienced leasing specialist, who is familiar with the negotiation of commercial leases, to review the terms of the lease since the terms of the lease are the responsibility of the FRANCHISEE as to whether the lease terms are satisfactory and whether FRANCHISEE wants to sign the lease;
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- Neither by assisting FRANCHISEE in finding a location, by approving of the FRANCHISEE's site, by approving the FRANCHISEE's lease, nor by helping FRANCHISEE with the negotiation of the lease, does FRANCHISOR warrant in any way that the site or lease terms are adequate for FRANCHISEE's needs or purposes.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to the 2025 Apricot Lane Franchise Disclosure Document, franchisees are responsible for negotiating their own lease terms. Apricot Lane has no obligation to assist in these negotiations. The franchisee is responsible for ensuring the lease terms are satisfactory and for deciding whether to sign the lease.
Apricot Lane recommends that franchisees hire an attorney or experienced leasing specialist familiar with commercial leases to review the lease terms. While Apricot Lane may assist in finding a location, approving the site, or even approving the lease, this does not warrant that the site or lease terms are adequate for the franchisee's needs. Apricot Lane's reviews, approvals, and assistance are based on its own criteria and do not guarantee the franchisee's success at the selected site or under the approved lease terms.
Furthermore, the franchisee must provide Apricot Lane with copies of all communications between the franchisee, the landlord, and any leasing specialist. Apricot Lane does not assume liability for any agreements, representations, or warranties made between the franchisee, landlord, or lease specialist, nor is Apricot Lane obligated for damages arising from the actions of any landlord or leasing specialist involved in lease negotiations. Apricot Lane requires that the franchisee submit the proposed lease for approval before execution, and this approval may be conditional upon including terms acceptable to Apricot Lane and executing the Addendum to Lease and Collateral Assignment of Lease.