Where in the Bang Cookies FDD can I find information about Site Selection for a Bang Cookies franchise?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
nchisee to Franchisor at the time of signing the Franchise Agreement, as such initial franchise fee is set forth and defined in Section 4.2 of this Agreement as to the Development Shops.
5.3 MODIFICATIONS TO FRANCHISE AGREEMENT
Franchisee agrees that what constitutes Franchisor's then current Franchise Agreement shall be determined by Franchisor, in Franchisor's exclusive discretion and that, among other things, the Franchise Agreement may be modified from time to time by Franchisor and that reasonable modification and amendments to the Franchise Agreement will not alter Franchisee's obligations under this Agreement.
5.4 COMPLIANCE WITH FRANCHISE AGREEMENTS
Franchisee will operate the Development Shops and all other Bang Cookies Shops in strict compliance the terms and conditions of each respective Franchise Agreement.
5.5 SITE SELECTION
Franchisee will be solely responsible for selecting the site(s) for the Franchisee's Shop Locations. In accordance with the terms and conditions of each respective Franchise Agreement, Franchisee must obtain Franchisor's prior written approval as to each potential Shop Location selected by Franchisee. Franchisee will retain an experienced commercial real estate broker or salesperson who has sufficient experience in locating Shop sites to locate, acquire, purchase or lease the site for the Franchisee's Development Shops.
Accordingly, no provision of this Agreement will be construed or interpreted to impose any obligation upon Franchisor to locate a site for the Development Shops, to assist Franchisee in the selection of a suitable site for the Development Shops, or to provide any assistance to the Franchisee in the purchase or lease of the site for the Development Shops.
5.6 SITE SELECTION CRITERIA
Franchisee will not lease, purchase or otherwise acquire a Shop Locations for the Development Shops until such information as Franchisor may require regarding the proposed site has been provided to Franchisor by Franchisee and has been approved by Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, Item 23 contains information regarding site selection for a franchise location. Specifically, section 5.5 states that the franchisee is solely responsible for selecting the site for their Bang Cookies shop. However, the franchisee must obtain prior written approval from Bang Cookies for each potential location. Bang Cookies is not obligated to assist in site selection.
Section 5.6 further elaborates on site selection criteria. Bang Cookies requires franchisees to submit information about proposed locations for approval before leasing or purchasing. This information may include details regarding accessibility, visibility, potential traffic flow, lease terms, and other demographic data. The franchisee cannot enter into any lease or purchase agreement until Bang Cookies approves the site.
Exhibit 3 of the Franchise Agreement also includes a Site Selection Acknowledgment. This document clarifies that the acknowledgment does not constitute approval of a shop location, grant an operating territory, or grant any territorial rights to the franchisee.