Does Apricot Lane require written approval for a franchisee to relocate their business?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
FRANCHISEE may operate the Franchised Business only at the location specified in Section 1.B above or at the location approved according to Exhibit A to this Agreement. FRANCHISEE may relocate the Franchised Business within its Territory only after notifying FRANCHISOR of the proposed new location and the reason for the change, and submitting the proposed location and lease for approval in accordance with FRANCHISOR's then-current standards, and securing FRANCHISOR's written approval, which shall not be unreasonably withheld. Any such relocation shall be at FRANCHISEE's sole expense and FRANCHISOR shall have the right to charge FRANCHISEE for any costs incurred by FRANCHISOR, and a reasonable fee for its services, in connection with any such relocation of the Franchised Business. If the lease for the site of the Franchised Business expires or terminates without fault of FRANCHISEE, or if the site is destroyed, condemned or otherwise rendered unusable, and FRANCHISEE is unwilling or unable to relocate the franchise, FRANCHISOR will not be required to refund any fees or costs paid to FRANCHISOR.
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- If FRANCHISEE relocates the Franchised Business, the FRANCHISEE shall:
- a. Conform the new store location to FRANCHISOR's then-current standards for store design;
- b. Close the old location simultaneously with the opening of the new location so that only one Specialty Store is open and operating under this Agreement within the Territory at any time; and
- c. Remove from and around the old store location and obliterate any visible indicia of all signs, graphics and advertising materials displaying the Designated Mark and other names, Marks, logos, commercial symbols, trade dress and slogans of FRANCHISOR; such removal is to be accomplished within seven (7) business days of the opening of the new location.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, a franchisee needs prior written consent from Apricot Lane to relocate their franchised business. The franchisee must notify Apricot Lane of the proposed new location and the reason for the change, and submit the proposed location and lease for approval based on Apricot Lane's current standards. This approval from Apricot Lane cannot be unreasonably withheld. The franchisee is responsible for all expenses associated with the relocation, and Apricot Lane has the right to charge the franchisee for any costs incurred by Apricot Lane, including a reasonable fee for its services.
If a franchisee relocates, they must ensure the new store conforms to Apricot Lane's current design standards. The franchisee must close the old location at the same time the new one opens, ensuring only one Apricot Lane store operates within the territory at any given time. Additionally, the franchisee is responsible for removing all signs, graphics, and advertising materials displaying Apricot Lane's trademarks from the old location within seven business days of the new location opening.
If the lease expires or terminates without the franchisee's fault, or if the site is destroyed or condemned, and the franchisee cannot relocate, Apricot Lane is not required to refund any fees or costs paid. This policy ensures Apricot Lane maintains control over its brand's locations and standards, while also placing the financial burden of relocation on the franchisee.