Will the renewal Apricot Lane franchise agreement supersede the original agreement?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
FRANCHISEE executes FRANCHISOR's then-current form of Franchise Agreement (with appropriate modifications to reflect the fact that the agreement relates to the grant of a renewal franchise), which agreement shall become effective on commencement of the renewal term and supersede in all respects this Agreement, and the terms of which may differ from the terms of this Agreement, including, without limitation, a different percentage Royalty, advertising contribution or other fees; provided, however, FRANCHISEE shall not be required to pay the thencurrent initial franchise fee or its equivalent.
The form of Franchise Agreement that will be used for the renewal term will be given to FRANCHISEE at least ninety (90) days before the renewal term is to begin.
If FRANCHISOR is not offering new franchises at the time of renewal request, FRANCHISOR reserves the right to choose the form of franchise agreement that will be required for the renewal period.
FRANCHISEE agrees to sign the Franchise Agreement offered by FRANCHISOR at least sixty (60) days before the current franchise term expires.
If the Agreement is not signed by that deadline, the franchise will automatically expire at the end of the term;
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, the renewal franchise agreement will supersede the original agreement in all respects. To renew the franchise agreement, the franchisee must pay all outstanding amounts owed to Apricot Lane and its affiliates before the expiration of the current term. The franchisee must also not be in default under the current agreement or any other agreement with Apricot Lane or its affiliates at the time of renewal.
As part of the renewal, the franchisee is required to execute Apricot Lane's then-current form of Franchise Agreement, which will become effective at the start of the renewal term. This new agreement will replace the original agreement entirely and may contain different terms, including potentially different royalty percentages, advertising contributions, or other fees. However, the franchisee will not be required to pay the initial franchise fee again.
The franchisee will receive the renewal Franchise Agreement at least 90 days before the renewal term begins and must sign it at least 60 days before the current term expires. Failure to sign by this deadline will result in the automatic expiration of the franchise. Apricot Lane may also require the franchisee to complete a training course to ensure they are up-to-date with current store operations, training procedures, and policies as a condition of approving the renewal.