Who is responsible for negotiating the lease terms for an Apricot Lane franchise?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
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. FRANCHISOR's reviews, approvals, and assistance are based on its own criteria and are not a guaranty that FRANCHISEE will succeed in the site selected or under the terms of the lease approved by FRANCHISOR.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to the 2025 Apricot Lane FDD, the franchisee is responsible for negotiating the lease for their business location. Apricot Lane has no obligation to assist in these negotiations. The terms of the lease are determined by the franchisee and the lessor, with the exception of specific provisions required by the Franchise Agreement itself.
Apricot Lane recommends that franchisees hire an attorney or experienced leasing specialist familiar with commercial leases to review the lease terms. This recommendation underscores the importance of franchisees protecting their own interests during lease negotiations, as the franchisor does not guarantee the adequacy of the site or lease terms for the franchisee's specific needs.
Even if Apricot Lane assists in finding a location, approves the site, or helps with lease negotiations, this does not warrant that the site or lease terms are adequate for the franchisee. The franchisor'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. The franchisee must also provide Apricot Lane with copies of all communications between the franchisee, the landlord, and any leasing specialists involved.