How long does Auntie Annes have to provide acceptance or non-acceptance of a Proposed Location after receiving all requested materials from the franchisee?
Auntie_Annes Franchise · 2024 FDDAnswer from 2024 FDD Document
You will provide us with all material we request to evaluate the suitability of each Proposed Location from which you propose operating the Concession Shop, including any related agreements (such as leases or concessions agreements) with Host Facilities (if any) ("Site Agreements"). We will provide you with our acceptance or non-acceptance of the Proposed Location within 15 days after you deliver the last item of materials we request, and our determination will be final. You acknowledge and agree that we typically will not approve the operation of a Concession Shop within a two-mile radius from any existing open and operating permanent Franchised Business. If we approve a Proposed Location in writing, we will designate it as an "Accepted Location" under this Agreement. Our acceptance of any Proposed Location is our agreement that the Proposed Location satisfies our selection criteria only and will not be construed as a representation or warranty that the Franchised Business located at the Proposed Site will be successful. You must ensure that the Site Agreements comply with any terms set forth in the Manuals and do not have any terms inconsistent with this Agreement. You may not execute any Site Agreements until you receive our written approval for the Accepted Location, and you must duly and timely perform all terms under the Site Agreements. We may withdraw our approval for previouslyapproved Accepted Locations in our sole discretion.
Source: Item 22 — CONTRACTS (FDD page 106)
What This Means (2024 FDD)
According to Auntie Anne's 2024 Franchise Disclosure Document, the franchisor will provide acceptance or non-acceptance of the proposed location within 15 days. This begins after the franchisee delivers the last item of requested materials. The franchisor's determination regarding the proposed location will be final.
This 15-day review period is a crucial consideration for prospective franchisees. It dictates the timeframe within which they can expect to receive feedback on their proposed location. This allows the franchisee to plan accordingly and avoid delays in securing a suitable site for their Auntie Anne's Concession Shop.
However, Auntie Anne's approval of a location does not guarantee the success of the franchise. The document states that the acceptance of any Proposed Location is an agreement that the location satisfies their selection criteria only and will not be construed as a representation or warranty that the Franchised Business located at the Proposed Site will be successful. Auntie Anne's may also withdraw approval for previously approved Accepted Locations at their sole discretion.
It is also important to note that this specific clause applies to Concession Shops, particularly concession trailers or food trucks, and their operation from multiple accepted locations. The franchisee must also ensure that any Site Agreements comply with the terms set forth in the manuals and do not have any terms inconsistent with the Franchise Agreement.