What right does B Bops grant to the Developer upon site approval?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
-
- EXECUTION OF UNIT FRANCHISE AGREEMENT. Upon approval of a proposed site, Company shall grant Developer the right and license to own and operate a B-Bop's Restaurant at such site, provided that Developer is in compliance with the terms of this Agreement and the terms of all Unit Franchise Agreements between the parties. Subject to the foregoing, Company shall forward to Developer a Unit Franchise Agreement to be executed with respect to the approved site. The Unit Franchise Agreement shall be the standard form of franchise agreement being utilized by Company to grant franchises at the time of development of each Unit. Developer shall execute the Unit Franchise Agreement in accordance with Company's instructions within twenty (20) days of receipt thereof and return it, together with the initial franchise fee payable for the Unit (as specified in Appendix III), to Company. In the event Developer fails to return the Unit Franchise Agreement and the initial franchise fee to Company within such twenty (20) day period, Company's approval of the site shall be null and void and Developer shall have no rights with respect to such site. The parties hereby acknowledge and agree that the terms and conditions of the Unit Franchise Agreement executed for the Unit developed pursuant to this Agreement shall govern and control the franchise relationship for each such Unit, except to the extent that such terms and conditions conflict with the provisions of this Agreement, in which event the provisions of this Agreement shall control. The parties further acknowledge and agree that the terms and conditions of each Unit Franchise Agreement executed pursuant to this Agreement shall remain in full force and effect notwithstanding the expiration and termination of this Agreement.
-
- PROCUREMENT OF SITE AND CONSTRUCTION OF UNIT. Upon receipt of Company's approval of a proposed site, Developer shall immediately take the necessary steps to acquire the site (by purchase, lease or sublease) and obtain the rights to construct and operate a Unit on the site. As soon as practicable after procuring the site, Developer agrees to commence construction of the Unit in accordance with the terms of the Unit Franchise Agreement executed for such Unit, provided, however, that the Development Schedule imposed herein shall be in lieu of the terms of such Unit Franchise Agreement governing the time periods for construction and opening of the Unit.
Source: Item 23 — RECEIPTS (FDD pages 53–145)
What This Means (2025 FDD)
According to B Bops's 2025 Franchise Disclosure Document, upon approval of a proposed site, B Bops grants the Developer the right and license to own and operate a B Bops Restaurant at that specific location. This right is contingent upon the Developer's compliance with the terms outlined in the Development Agreement and all Unit Franchise Agreements between the parties.
Following site approval, B Bops will forward a Unit Franchise Agreement to the Developer, which must be executed and returned within twenty days, along with the initial franchise fee. Failure to comply within this timeframe renders the site approval null and void, and the Developer loses all rights to the site. The Unit Franchise Agreement governs the franchise relationship for each developed unit, except where its terms conflict with the Development Agreement, in which case the Development Agreement prevails.
Furthermore, upon receiving site approval from B Bops, the Developer is expected to promptly acquire the site, either through purchase, lease, or sublease, and secure the necessary rights to construct and operate a B Bops unit. Construction must commence as soon as practically possible, adhering to the terms of the Unit Franchise Agreement. However, the Development Schedule outlined in the Development Agreement takes precedence over any conflicting timeframes for construction and opening specified in the Unit Franchise Agreement.
In summary, site approval from B Bops grants the Developer the right to establish a B Bops restaurant at the approved location, subject to fulfilling all contractual obligations and adhering to the established development schedule. This process involves executing the Unit Franchise Agreement and diligently pursuing site acquisition and construction.