factual

What is the deadline for a Baya Bar franchisee to apply for relocation approval after losing right of possession?

Baya_Bar Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 17.2.4 loses for any cause whatsoever the right of possession of the real property on which the Franchised Business is located; provided, however, that this provision shall not apply if through no fault of Franchisee, Franchisee loses right of possession and Franchisee applies within thirty (30) days after such event, for Franchisor's approval to relocate the Franchised Business (which approval shall not be unreasonably withheld) and Franchisee diligently pursues such relocation in accordance with Section 8.5.

Source: Item 22 — CONTRACTS (FDD page 56)

What This Means (2024 FDD)

According to Baya Bar's 2024 Franchise Disclosure Document, if a franchisee loses the right of possession of their location through no fault of their own, they have 30 days to apply for Baya Bar's approval to relocate the franchised business. Baya Bar's approval cannot be unreasonably withheld, and the franchisee must diligently pursue the relocation in accordance with Section 8.5 of the franchise agreement.

This 30-day window is crucial for a Baya Bar franchisee because failure to apply for relocation within this timeframe could result in the termination of the franchise agreement without an opportunity to cure the default. This means the franchisee would lose all rights granted under the agreement immediately upon notice from Baya Bar.

It is important to note that this provision only applies if the loss of possession is through no fault of the franchisee. If the loss of possession is due to the franchisee's actions or negligence, this clause may not apply, and Baya Bar may have grounds to terminate the agreement without the 30-day relocation application period.

This type of clause is relatively common in franchise agreements, as it protects both the franchisee and the franchisor in the event of unforeseen circumstances that render the original location unusable. It allows the franchisee to continue operating their business in a new location, while also ensuring that Baya Bar maintains a presence in the market.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.