Under what condition does B Bops Company agree that consent or approval will not be unreasonably withheld?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
4_Picture_0.jpeg)
pursuant to this Agreement. 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.
-
- 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.
Source: Item 23 — RECEIPTS (FDD pages 53–145)
What This Means (2025 FDD)
According to B Bops's 2025 Franchise Disclosure Document, there are a few instances where the company agrees that consent or approval will not be unreasonably withheld.
First, when a B Bops developer submits a written report for a proposed site for a unit in the trade area, B Bops will review the materials and either approve or reject the site within 30 days. This approval, however, is not to be unreasonably withheld.
Second, B Bops will not unreasonably withhold consent to the transfer of the development rights (including transfers by devise or inheritance). However, B Bops may require that the transfer comply with conditions set forth in Section 13(C) of the agreement, with some exceptions. Payment of the transfer fee is not required, and the legal representative need not comply with B Bops's right of first refusal if the transfer is to a member of the immediate family of the developer or a deceased/disabled partner, shareholder, or member.