Who is responsible for selecting and securing a site for each B Bops Unit?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
Developer agrees to submit a written report to Company of each proposed site for a Unit in the Trade Area, containing such information or material as Company may reasonably request. Company shall review the submitted materials, conduct such other investigation of the proposed site it determines may be necessary to properly evaluate the same and, in its sole discretion, either approve or reject such site by written notice to Developer within thirty (30) days after receipt of such materials, but such approval is not to be unreasonably withheld. If the proposed site is approved, the Company will also advise you, within the same thirty (30) day period, whether or not you will be required to include indoor seating in the construction and operation of the B-Bop's Restaurant. Developer agrees that Developer will not enter into any binding agreement with respect to lease or purchase of a proposed site prior to receiving Company's written approval of such site. Developer acknowledges and agrees that approval of a proposed site by Company does not constitute a representation or warranty by Company that such site, with or without indoor seating, will prove to be a successful location for the Unit, and Developer assumes all risks associated with establishing the Unit at such location.
Source: Item 23 — RECEIPTS (FDD pages 53–145)
What This Means (2025 FDD)
According to B Bops' 2025 Franchise Disclosure Document, the Developer (franchisee) is primarily responsible for selecting and securing the site for a B Bops restaurant. However, this process involves approval from B Bops. The Developer must submit a written report to B Bops with information about each proposed site within the Trade Area, as reasonably requested by B Bops.
B Bops then reviews the submitted materials and conducts its own investigation to evaluate the proposed site. B Bops has the sole discretion to either approve or reject the site, and they must provide written notice to the Developer within thirty days of receiving the site information. However, B Bops approval is not to be unreasonably withheld. B Bops will also advise the Developer within the same thirty-day period whether indoor seating will be required.
The Developer is explicitly prohibited from entering into any binding agreement, such as a lease or purchase, for a proposed site before receiving written approval from B Bops. It's important to note that even with B Bops' approval, the Developer assumes all risks associated with the location's success. B Bops' approval does not guarantee the site will be successful.
This process highlights a shared responsibility: the franchisee identifies and secures potential locations, but B Bops retains the right to approve or reject those locations based on their own criteria. This is a common arrangement in franchising, where the franchisor seeks to maintain brand consistency and ensure that new locations meet certain standards. The franchisee bears the ultimate financial risk of the location's performance.