Under what conditions must an Apricot Lane franchisee secure substitute premises for renewal?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
If there is no renewal option and FRANCHISEE cannot through reasonable efforts secure the right to maintain possession of the Premises under a new lease, or if FRANCHISOR notifies FRANCHISEE no later than twelve (12) months before expiration of the term that in its judgment the Franchised Business should be relocated, FRANCHISEE must secure substitute premises approved by FRANCHISOR, in its sole discretion, under a lease that includes the lease clauses required under Section 4.C of this Agreement.
It is fully understood by FRANCHISEE that FRANCHISEE is solely responsible for timely commencing and sustaining efforts needed to either maintain possession of the Premises or to secure substitute premises before expiration of the term and that FRANCHISEE must keep FRANCHISOR fully and timely informed of all such matters;
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, a franchisee must secure substitute premises for renewal under specific circumstances related to their lease. If there is no renewal option in the original lease, and the franchisee cannot secure the right to maintain possession of the premises through reasonable efforts under a new lease, they are obligated to find a substitute location. This new lease must include specific clauses as required by Apricot Lane, detailed in Section 4.C of the Franchise Agreement.
Additionally, Apricot Lane may require a franchisee to relocate if the franchisor determines, no later than twelve months before the expiration of the term, that the current location is no longer suitable for the Franchised Business. In this case, the franchisee must secure a substitute premises approved by Apricot Lane, and the lease for the new location must also include the clauses required under Section 4.C of the agreement.
The Apricot Lane franchisee is solely responsible for starting and continuing the efforts needed to either maintain possession of the current premises or secure substitute premises before the expiration of the franchise term. The franchisee must keep Apricot Lane fully and promptly informed of all activities related to securing or maintaining the premises. Failure to meet these conditions can be grounds for denying the renewal of the franchise agreement.